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  1. #1
    Join Date
    Oct 2020
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    1

    Default Physical Custodian Moving Out of State - Permission Not Asked nor Granted

    My question involves a child custody case from the State of Georgia(ish): I have been a resident of N.C. since 2012. My ex has sued me now 6 times (in the state of GA) for custody and was granted custody based on “election of a 14 year old” in 2019. I have faithfully paid support and upheld the agreement, despite my son refusing visitation and will no longer answer my calls or texts. I received a text from my ex this weekend providing me with his new address in OK. I asked if my son was in OK with him and he stated he was finishing school in GA. MAJOR concerns: A. He literally moved out of state and didn’t take our son B. He gave me 0 notice about the move (our paperwork requires 30 days) C. This can’t be legal?!?! D. Do I file the motion in GA or does this give me cause to file in N.C.?

  2. #2
    Join Date
    Jul 2018
    Posts
    2,730

    Default Re: Physical Custodian Moving Out of State - Permission Not Asked nor Granted

    Quote Quoting LPOzzy2020
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    MAJOR concerns: A. He literally moved out of state and didn’t take our son B.
    With whom is the child living?


    Quote Quoting LPOzzy2020
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    He gave me 0 notice about the move (our paperwork requires 30 days)
    I suspect the court's order requires notice of a move with the child, which, as you've described it, is not what happened.


    Quote Quoting LPOzzy2020
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    This can’t be legal
    I'm not sure why you think anything you've described might not be legal.


    Quote Quoting LPOzzy2020
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    Do I file the motion in GA or does this give me cause to file in N.C.?
    Assuming you're talking about a motion for a custody change, the court that issued the existing order maintains jurisdiction.

    I strongly suggest you retain the services of a family law attorney.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,307

    Default Re: Physical Custodian Moving Out of State - Permission Not Asked nor Granted

    Quote Quoting LPOzzy2020
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    Do I file the motion in GA or does this give me cause to file in N.C.?
    What's more important to you? Putting your ex's feet to the fire or a relationship with your son?

    If the former, be my guest, and spend thousands of dollars on litigation that will only alienate your teenage son further.

    I have a better idea. Not legal advice. Just practical advice from a parent who has raised teenagers.

    Send your son a text message asking for his address so you can send him $100 toward school expenses. That should elicit a response. Tell him you are fine with where he's at and what he is doing (even if you aren't) and to let you know if he needs anything. After a long custody battle I'm sure he hates both his parents so be friendly and not demanding. Work on building a relationship with your son and bite your tongue with regard to your ex.

    Or, you can go scorched earth on your ex and risk never seeing your son again.

    Your choice.

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