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  1. #1
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    Sep 2013
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    Default Objecting to Out-of-State Relocation by the Custodial Parent

    My question involves a child custody case from the State of: NC (or Georgia)

    Brief history: Original custody set in the state of GA with the known fact that mother was stationed in NC and planned to get out of military and stay in NC. I (the NCP) was given EOW, summers (10 days after school let out to 10 days before school starts), and we rotated all major holidays and spring/fall breaks. I decided to move to NC (different city) to be closer to children and have been here since 2011 and am remarried.

    Current situation: Mom (CP) is being separated from the Army due to medical disability and has recently informed me that she plans to move with the children to her boyfriend's house in Kansas. She states she doesn't know when it will happen and is based on when everything is approved. She said could be in 4 months or could be 2 years. I call BS on this and say it's more like 6 weeks to 4 months.

    I have already notified her that I object to moving the girls to another state but that's as far as I've got. I am trying to find out from the attorney who worked the case in GA if this will be handled in GA or NC since we all live here now. I don't know what my options are at this point and am looking for some feedback. Is it possible to keep her from moving to another state with the girls? If not, what are the chances of convincing a court to change custody to me? (Both of our families are still in our hometown in GA (2.5 hours from where I live now) and I have family here as well. We have no connections to KS (other than her connection with her boyfriend). If neither of these are possible what can I request and actually stand to gain? Since she is opting to move them 1000 miles away, should I ask for her to be responsible for transportation to and from? Should I ask for more of summer vacation, 5 days after to 5 days before school? Do I ask for all spring breaks and rotate holidays such as Thanksgiving/Christmas?

    As you can see I have a lot of questions and you have no idea how upset I am to think about them moving such a great distance away. I've done almost everything I can to maximize my time with them...never miss a weekend and have been known to drive 2.5 hours to see them, have dinner with them, attend something at school... If it were possible, I would move to KS myself but it isn't and I can't go around uprooting every time she moves.

    That may have been too much information or not enough, feel free to let me know. I appreciate any and all help.

    - - - Updated - - -

    Just a few more things:

    We share Joint legal Custody and mother obviously has physical custody.

    Nothing in our original paperwork has anything in regards to relocation (a huge error on my part). She assured me that she would not be moving but how I actually put faith in her statement is beyond me.

    I asked her to provide me with where she would be moving to and she has politely refused that information until she receives her separation date. Of course she may know that I'll be researching the area and schools so that may be her reasoning.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Objecting to Out-of-State Relocation by the Custodial Parent

    Quote Quoting sirrahd
    View Post
    My question involves a child custody case from the State of: NC (or Georgia)

    Brief history: Original custody set in the state of GA with the known fact that mother was stationed in NC and planned to get out of military and stay in NC. I (the NCP) was given EOW, summers (10 days after school let out to 10 days before school starts), and we rotated all major holidays and spring/fall breaks. I decided to move to NC (different city) to be closer to children and have been here since 2011 and am remarried.

    Current situation: Mom (CP) is being separated from the Army due to medical disability and has recently informed me that she plans to move with the children to her boyfriend's house in Kansas. She states she doesn't know when it will happen and is based on when everything is approved. She said could be in 4 months or could be 2 years. I call BS on this and say it's more like 6 weeks to 4 months.

    I have already notified her that I object to moving the girls to another state but that's as far as I've got. I am trying to find out from the attorney who worked the case in GA if this will be handled in GA or NC since we all live here now. I don't know what my options are at this point and am looking for some feedback. Is it possible to keep her from moving to another state with the girls? If not, what are the chances of convincing a court to change custody to me? (Both of our families are still in our hometown in GA (2.5 hours from where I live now) and I have family here as well. We have no connections to KS (other than her connection with her boyfriend). If neither of these are possible what can I request and actually stand to gain? Since she is opting to move them 1000 miles away, should I ask for her to be responsible for transportation to and from? Should I ask for more of summer vacation, 5 days after to 5 days before school? Do I ask for all spring breaks and rotate holidays such as Thanksgiving/Christmas?
    First, when I judge makes a decision regarding relocation the judge basically has to decide what would be the least disruptive to the children's lives. In most cases that means deciding whether it would be more disruptive for the children to move with the custodial parent or remaining in the current home community with the non custodial parent. In your case, the children would have to relocate either way. They are going to have to change schools, be separated from their friends etc., no matter which way the judge decides. I think that gives mom a bit of an edge.

    I don't think that you would get more summer time than you are already getting. It is very possible that you could get every Spring Break, rotating Thanksgiving and a week during Christmas Break. If mom is disabled and unable to work, it may be difficult to make her responsible for all transportation costs. Generally yes, the relocating parent should be responsible for transportation, but being on disability is one of those factors that can make that an exception to the general rule.

    As you can see I have a lot of questions and you have no idea how upset I am to think about them moving such a great distance away. I've done almost everything I can to maximize my time with them...never miss a weekend and have been known to drive 2.5 hours to see them, have dinner with them, attend something at school... If it were possible, I would move to KS myself but it isn't and I can't go around uprooting every time she moves.
    Don't state the bolded in court. Considering that mom was in the military and that this would be only her second move since the divorce, it comes across wrong. Particularly since you did not actually move to her community.

    That may have been too much information or not enough, feel free to let me know. I appreciate any and all help.

    - - - Updated - - -

    Just a few more things:

    We share Joint legal Custody and mother obviously has physical custody.

    Nothing in our original paperwork has anything in regards to relocation (a huge error on my part). She assured me that she would not be moving but how I actually put faith in her statement is beyond me.

    I asked her to provide me with where she would be moving to and she has politely refused that information until she receives her separation date. Of course she may know that I'll be researching the area and schools so that may be her reasoning.
    Its more likely that her plans are not yet final.

  3. #3
    Join Date
    Sep 2013
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    2

    Default Re: Objecting to Out-of-State Relocation by the Custodial Parent

    Thank you for your input. You make valid points and I am doing my best to keep emotions out of it all as I am aware that emotions don't play a huge part if it were to come to a court hearing. I'd like to also mention that Mom's boyfriend is active duty as well and there is potential for another move within three years. I know that bit of information is only a possibility since he could always choose to get out.

  4. #4
    Join Date
    May 2013
    Posts
    125

    Default Re: Objecting to Out-of-State Relocation by the Custodial Parent

    NC is currently the proper state to exercise jurisdiction to modify your custody order. There are a few procedural hoops to jump through to transfer jurisdiction from GA, which won't turn on a dime, so you will need to find an attorney ASAP.

    If there are currently no geographic restrictions, she is likely free to move the children until a court order says otherwise.

  5. #5
    Join Date
    Oct 2006
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    16,474

    Default Re: Objecting to Out-of-State Relocation by the Custodial Parent

    Quote Quoting gator1
    View Post
    NC is currently the proper state to exercise jurisdiction to modify your custody order. There are a few procedural hoops to jump through to transfer jurisdiction from GA, which won't turn on a dime, so you will need to find an attorney ASAP.

    If there are currently no geographic restrictions, she is likely free to move the children until a court order says otherwise.
    I think you got it backwards gator...the original orders were made in GA.

  6. #6
    Join Date
    May 2013
    Posts
    125

    Default Re: Objecting to Out-of-State Relocation by the Custodial Parent

    Not really. If the original custody order is from GA and all parties now reside in NC, dad needs to initiate a suit in NC and communicate with the GA court to transfer jurisdiction to NC

  7. #7
    Join Date
    Oct 2006
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    16,474

    Default Re: Objecting to Out-of-State Relocation by the Custodial Parent

    Quote Quoting gator1
    View Post
    Not really. If the original custody order is from GA and all parties now reside in NC, dad needs to initiate a suit in NC and communicate with the GA court to transfer jurisdiction to NC
    Sorry, I misread what YOU wrote...I thought you said transfer TO GA when you actually said transfer FROM GA.

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