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  1. #1
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    Jul 2017
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    Default Can You Modify Custody if the Custodial Parent Moves to a New School District

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

    Dad was awarded primary with 50/50 visitation 8 years ago. He has moved around 5 times in the same county over those years. I have remarried and had another son and daughter since, one of whom is now in school age as well.

    My new husband and I have followed my ex over the years between elementary schools, renting homes we could afford in or near the district so he could rode the bus to both homes.

    Last year we were finally able to purchase a small home in the district where he has been the last year and a half. Last week, my ex tells me that he has found a new girl and has moved to yet another school district 20 minutes away and wants to change schools again.

    The whole point of us moving was to allow bus riding to and from school. I am disabled and unable to drive, fortunately my husband's job is flexible enough that he is able to take me to Doctor appointments and school functions, but if we had to go back to drop off and pick up each day plus all my appointments he would probably lose his job.

    I know the usual "get an attorney" and completely understand. Self representation is why I lost primary to start with.

    I can't afford to pay an attorney to go research this. I have no income and social security continues to deny my appeal(that's another story), I owe approximately $5k in arrears because my husband doesn't make enough to pay for the home and groceries and utilities and clothes and school needs (for all 3 children), plus, we pay all medical bills and my husband keeps him on his insurance as it is better, but then child support on top of it all.

    Is this something I can file myself to just block him changing schools?

    I'm sorry for the rambling I'm just frustrated.

  2. #2
    Join Date
    Oct 2006
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    Default Re: Can You Modify Custody if the Custodial Parent Moves to a New School District

    If you cannot afford an attorney then filing yourself would definitely be better than not filing at all.

  3. #3
    Join Date
    Feb 2014
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    Default Re: Can You Modify Custody if the Custodial Parent Moves to a New School District

    Maybe this will help. I haven't checked the links in a long time, but it at least gives you somewhere to start.

    Self-help legal resources


    For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.

    www.fultonfamilydivision.com This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

    www.co.dekalb.ga.us/dekalbflic This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

    http://sca.cobbcountyga.gov/familylaw_workshop.htm This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

    http://production.albany.ga.us/law_l...family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

    www.hallcounty.org/judicial/jud_FLIC&GAL.asp This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

    http://www.appfamilylawcenter.org/ This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

    www.LegalAid-Ga.org This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

    A list of the Georgia Superior Court Clerks for every county is on this web site: www.gsccca.org.

    http://dcss.dhs.georgia.gov/child-access-visitation

    Child Support calculator: http://www.georgiacourts.gov/csc/

    http://www.georgiacourts.org/aoc/sel...vil_cases.html

  4. #4
    Join Date
    Jun 2014
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    Default Re: Can You Modify Custody if the Custodial Parent Moves to a New School District

    You need to request a Modification Of Child Support. You may or may not get it. But, if you don't your arrears are going to keep mounting up.

  5. #5
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    Default Re: Can You Modify Custody if the Custodial Parent Moves to a New School District

    Quote Quoting Mercy&Grace
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    You need to request a Modification Of Child Support. You may or may not get it. But, if you don't your arrears are going to keep mounting up.
    Where does it indicate that this thread has anything to do with child support?

  6. #6
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    Jul 2017
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    Default Re: Can You Modify Custody if the Custodial Parent Moves to a New School District

    Quote Quoting llworking
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    If you cannot afford an attorney then filing yourself would definitely be better than not filing at all.
    Yes, I agree, just wasn't sure what to file.

    Quote Quoting BooRennie
    View Post
    Maybe this will help. I haven't checked the links in a long time, but it at least gives you somewhere to start.

    Self-help legal resources


    For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.
    Thank you!

    Quote Quoting llworking
    View Post
    Where does it indicate that this thread has anything to do with child support?
    Probably because I mentioned I was behind. I have made payments when I could and my husband has made some when we have been able to. I did file last year for a modification based on not being able to work but it was not changed. I did pay an attorney, their explanation to me why it was dismissed was "you need to be on social security disability." Even though my primary care and arthritis doctors have both written that I am unable to. So that's why we are trying to appeal social security. Even their specialist told the judge on the stand that I was unable to perform any of the jobs they had for me. Anyway, I do appreciate that confirmation. Does the once every 2 year limit apply on support modification?

  7. #7
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    Default Re: Can You Modify Custody if the Custodial Parent Moves to a New School District

    Quote Quoting SKB_81
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    Yes, I agree, just wasn't sure what to file.



    Thank you!



    Probably because I mentioned I was behind. I have made payments when I could and my husband has made some when we have been able to. I did file last year for a modification based on not being able to work but it was not changed. I did pay an attorney, their explanation to me why it was dismissed was "you need to be on social security disability." Even though my primary care and arthritis doctors have both written that I am unable to. So that's why we are trying to appeal social security. Even their specialist told the judge on the stand that I was unable to perform any of the jobs they had for me. Anyway, I do appreciate that confirmation. Does the once every 2 year limit apply on support modification?
    Not when there is an actual change in circumstance. You going on SSDI would be an actual change in circumstance.

  8. #8
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    Mar 2016
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    2,289

    Default Re: Can You Modify Custody if the Custodial Parent Moves to a New School District

    Quote Quoting llworking
    View Post
    Where does it indicate that this thread has anything to do with child support?
    Right here: "I owe approximately $5k in arrears because my husband doesn't make enough to pay for the home and groceries and utilities and clothes and school needs (for all 3 children), plus, we pay all medical bills and my husband keeps him on his insurance as it is better, but then child support on top of it all." It was mentioned she's in arrears.

  9. #9

    Default Re: Can You Modify Custody if the Custodial Parent Moves to a New School District

    I think you definitely can and should file a motion with the court to block your ex from changing schools, assuming you have joint legal custody. Your ex should be filing a motion to the court first asking for permission before he can enroll the child in the new school, so yours should simply be a response to his motion. Of course, if your ex attempts to do so anyways, it would be a motion for contempt that you'd likely have to file to the court. Just because your ex moves away, I believe the current school district should allow your child to use your home address to stay in the same school.

  10. #10
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    Default Re: Can You Modify Custody if the Custodial Parent Moves to a New School District

    Quote Quoting vadad1
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    I think you definitely can and should file a motion with the court to block your ex from changing schools, assuming you have joint legal custody. Your ex should be filing a motion to the court first asking for permission before he can enroll the child in the new school, so yours should simply be a response to his motion. Of course, if your ex attempts to do so anyways, it would be a motion for contempt that you'd likely have to file to the court. Just because your ex moves away, I believe the current school district should allow your child to use your home address to stay in the same school.
    I thought most states it was if the custodial parent was moving out of state they had to petition the court. Not within a county. I know mine just says if I move out of state I have to go to court.

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