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    Default How to Obtain Custody as a Stay at Home Parent

    My question involves a child custody case from the State of: Georgia/Florida

    Every marriages have problems, I understand that. But my marriage is beyond burned out. First of all, I'm a stay at home mother with a beautiful 6 month old and I just recently found out I was pregnant again.. the reason I do not have a job is because we have no one that we trust up here ( Georgia ) to watch our baby girl. I live in a small town so there's only one daycare which the price is ridiculous. I watch my daughter day in and day out . Even on the weekends when my husband is off work and has free time. Watching my daughter does not drain me nor aggravate me. It bugs me that her father barely interacts with her. More importantly the verbal abuse I take from him daily. That's not the reason why I'm upset. It's when he does it when our child is sound asleep. He gets mad and starts yelling. I always ask him in a calm voice if he can lower his voice because our daughter is sleeping and he always responds that he doesn't care. She always wakes up crying when he does that. If you don't believe me I have proof of him admitting it on video. When I was pregnant with my daughter he would always drive drunk you probably ask "why would you get in the car with him?" . That's because he would yell and scream at me to. Also he got mad at me one night when I was pregnant and pushed me down on the bed. He does not help with our baby, out of her whole 6 months he probably changed 3 diapers, fed her 3 bottles and gave her 0 baths. He doesn't hold her much because he says everytime he picks her up or holds her his chest starts hurting . Which is funny because it doesn't hurt when he lights up a joint or plays his video game for hours.. In conclusion I want to get sole custody. Yes I'm 20 and I would like to move to Florida with my daughter and live with my mother to get a decent job, go back to school. And head to college to become something for my daughter. My record is clean, his is not. He's been to prison before for 6 years in and out . I do not

  2. #2
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    Default Re: House Wife Wanting Divorce and Sole Custody

    This is not a subject I often respond to and I may be incorrect. You are her mother and can take her to Florida if you want to to visit your mother. If you have the money to leave, then pack up your belongs and leave. Take your daughter and go to Florida. Let your husband go to court and compel a different outcome if he really cares.

  3. #3
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    Default Re: House Wife Wanting Divorce and Sole Custody

    Almost none of what you said is going to have any bearing on what is going to happen with custody.

    The most likely outcome is that you will share custody of your child. As the primary caregiver, you will likely remain the primary residential parent, and dad will have visitation should he choose to exercise it. You will also likely have to petition the court to move to a different state.

    If you pack up and leave, and dad chooses to, he can request that your child be brought back to Georgia pending a hearing. If he doesn't do this within a certain amount of time (I believe six months in Florida to establish residency), then the jurisdiction would be in Florida.

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    Default Re: House Wife Wanting Divorce and Sole Custody

    Quote Quoting Sofiasmommy1026
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    My question involves a child custody case from the State of: Georgia/Florida

    Every marriages have problems, I understand that. But my marriage is beyond burned out. First of all, I'm a stay at home mother with a beautiful 6 month old and I just recently found out I was pregnant again.. the reason I do not have a job is because we have no one that we trust up here ( Georgia ) to watch our baby girl. I live in a small town so there's only one daycare which the price is ridiculous. I watch my daughter day in and day out . Even on the weekends when my husband is off work and has free time. Watching my daughter does not drain me nor aggravate me. It bugs me that her father barely interacts with her. More importantly the verbal abuse I take from him daily. That's not the reason why I'm upset. It's when he does it when our child is sound asleep. He gets mad and starts yelling. I always ask him in a calm voice if he can lower his voice because our daughter is sleeping and he always responds that he doesn't care. She always wakes up crying when he does that. If you don't believe me I have proof of him admitting it on video. When I was pregnant with my daughter he would always drive drunk you probably ask "why would you get in the car with him?" . That's because he would yell and scream at me to. Also he got mad at me one night when I was pregnant and pushed me down on the bed. He does not help with our baby, out of her whole 6 months he probably changed 3 diapers, fed her 3 bottles and gave her 0 baths. He doesn't hold her much because he says everytime he picks her up or holds her his chest starts hurting . Which is funny because it doesn't hurt when he lights up a joint or plays his video game for hours.. In conclusion I want to get sole custody. Yes I'm 20 and I would like to move to Florida with my daughter and live with my mother to get a decent job, go back to school. And head to college to become something for my daughter. My record is clean, his is not. He's been to prison before for 6 years in and out . I do not
    You could move before you file for divorce but I don't think you can file in Florida unless you've been a resident for a certain amount of time. From what I've seen most states information on divorce asks if you've been a resident for a least six months in order to file for divorce.

    His prison record will have no bearing on his chances at custody or visitation. You better expect he's going to get visitation at the very least of some kind.

    Georgia divorce process: http://www.gadivorceonline.com/gapag...quirements.asp

    http://www.attorneys.com/divorce/geo...rce-law-basics

    Florida divorce law: http://www.leg.state.fl.us/statutes/...0061/0061.html

    "To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition." You're going to have to file it in Georgia and wait until it's done before you move. Otherwise, you have to live in Florida for six months before you can file. Also in Florida you can file for divorce if pregnant BUT it will not be final until the baby is born. I would think that it's likely the same in Georgia that you can't finalize the divorce until the baby is born.

    Some guys just don't interact with babies. My brother is a good father and he was always scared to hold his daughter when she was a baby and he wouldn't hold my daughter when she was a baby. He just got nervous about holding newborns and infants. I don't know how often he changed diapers.

    You can divorce him for any reason you want. But in Georgia there is no fault if both parties agree - if one doesn't then I think that link says there are different reasons to file for divorce.

    I would go at least get a consultation from a lawyer.

    Quote Quoting budwad
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    This is not a subject I often respond to and I may be incorrect. You are her mother and can take her to Florida if you want to to visit your mother. If you have the money to leave, then pack up your belongs and leave. Take your daughter and go to Florida. Let your husband go to court and compel a different outcome if he really cares.
    She wants to file for divorce and she can't file in Florida until she lives there for six months. Also she's pregnant - so it won't finalize until the baby is born if she files while pregnant. So if she wants the divorce, she would have to file in Georgia. Also they are married and I believe in most states everything is 50/50. So he has just as many rights to their daughter as she does and he could very well come get her and take her and she can't stop him.

  5. #5
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    Default Re: House Wife Wanting Divorce and Sole Custody

    Why would she have to partition the court if there is no court action filed or pending? She is the mother.

    This is not about divorce or custody . She has the right to take her daughter to FL if she chooses. There is no custody order or any other kind of order.

    She can deal with the divorce later. But right now she has every right to leave and take her daughter with her.

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    Default Re: House Wife Wanting Divorce and Sole Custody

    Quote Quoting budwad
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    Why would she have to partition the court if there is no court action filed or pending? She is the mother.

    This is not about divorce or custody . She has the right to take her daughter to FL if she chooses. There is no custody order or any other kind of order.

    She can deal with the divorce later. But right now she has every right to leave and take her daughter with her.
    Its not that she doesn't have the right to do so. Its that doing so could end up being a serious problem depending on what dad does. If dad just backs off and doesn't do anything out of apathy then that is one thing. However, if he is an abusing control freak then he is likely to run to court and at least get mom ordered to return the child to GA, and in a worst case scenario even get temporary custody until the divorce is heard. Obviously mom doesn't want that to happen, therefore the safest thing to do is stay put until she gets the divorce and permission to relocate to FL with the child.

    However, she certainly CAN go on vacation with the child for a few weeks, and maybe should do that.

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    Default Re: House Wife Wanting Divorce and Sole Custody

    Quote Quoting budwad
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    Why would she have to [PETITION] the court if there is no court action filed or pending? She is the mother.

    This is not about divorce or custody . She has the right to take her daughter to FL if she chooses. There is no custody order or any other kind of order.

    She can deal with the divorce later. But right now she has every right to leave and take her daughter with her.
    Fixed that for you, bud...

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    Default Re: House Wife Wanting Divorce and Sole Custody

    Quote Quoting Sofiasmommy1026
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    My question involves a child custody case from the State of: Georgia/Florida

    Every marriages have problems, I understand that. But my marriage is beyond burned out. First of all, I'm a stay at home mother with a beautiful 6 month old and I just recently found out I was pregnant again.. the reason I do not have a job is because we have no one that we trust up here ( Georgia ) to watch our baby girl. I live in a small town so there's only one daycare which the price is ridiculous. I watch my daughter day in and day out . Even on the weekends when my husband is off work and has free time. Watching my daughter does not drain me nor aggravate me. It bugs me that her father barely interacts with her. More importantly the verbal abuse I take from him daily. That's not the reason why I'm upset. It's when he does it when our child is sound asleep. He gets mad and starts yelling. I always ask him in a calm voice if he can lower his voice because our daughter is sleeping and he always responds that he doesn't care. She always wakes up crying when he does that. If you don't believe me I have proof of him admitting it on video. When I was pregnant with my daughter he would always drive drunk you probably ask "why would you get in the car with him?" . That's because he would yell and scream at me to. Also he got mad at me one night when I was pregnant and pushed me down on the bed. He does not help with our baby, out of her whole 6 months he probably changed 3 diapers, fed her 3 bottles and gave her 0 baths. He doesn't hold her much because he says everytime he picks her up or holds her his chest starts hurting . Which is funny because it doesn't hurt when he lights up a joint or plays his video game for hours.. In conclusion I want to get sole custody. Yes I'm 20 and I would like to move to Florida with my daughter and live with my mother to get a decent job, go back to school. And head to college to become something for my daughter. My record is clean, his is not. He's been to prison before for 6 years in and out . I do not
    What do you think you'll gain by sole custody?

    It won't restrict Dad from taking his child wherever he wants to go during his parenting time, and it won't prevent him from having his child with him for extended periods (assuming he doesn't get custody).
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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    Default Re: House Wife Wanting Divorce and Sole Custody

    Quote Quoting jumanji
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    Fixed that for you, bud...
    The monkeys did it. I swear.

  10. #10
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    Default Re: House Wife Wanting Divorce and Sole Custody

    Quote Quoting budwad
    View Post
    Why would she have to partition the court if there is no court action filed or pending? She is the mother.

    This is not about divorce or custody . She has the right to take her daughter to FL if she chooses. There is no custody order or any other kind of order.

    She can deal with the divorce later. But right now she has every right to leave and take her daughter with her.
    If she does now she's going to cause problems later on for herself ESPECIALLY since she's pregnant. It is about divorce too because she wants a divorce. If he is abusive yes she needs to leave BUT she's going to file for divorce eventually and then it's going to be a shit storm.

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