My husband and I have joint custody of our 11 yo daughter, him being primary provider. He tells me he wants to move 6 states away with her, of course I don't want this to happen. Lawyers want an insane amount of money just to talk about my rights. Where can I found out my rights in a situation like this? Im from Georgia, USA if that helps. Any responses are GREATLY appreciated. Thank you all and please keep us in your prayers.
2007-01-25 02:59:53 · 11 answers · asked by da1U<32haT3 3 in Family & Relationships ➔ Marriage & Divorce
Hi There,
I hate to be the one of bad news... you will need to look at some type of lawyer... he is the primary provider of your child making it so he can make the move. In order to stop this you would have to file a motion in court. However is the move in your ex's and daughters best interests? Does your 11 yo want to move? Look at the whole picture I realize that it will be painful not having your child in the same city/state however if this is for a better future for both of them would you blame them? Remember that if you were together would this move happen?
Good Luck and you are in my prayers.
2007-01-25 03:20:23 · answer #1 · answered by Tricia P 4 · 0⤊ 1⤋
He can move and it would not be kidnapping. He does have to notify you in writing of his intention to move, when he plans on moving and why. You than have 30 days to accept or dispute the move and must give your reasons why. Unfortunately, attorneys may be needed, however, if he does move you can pettition the state to change the visitation according to the guidelines in your state, usually the parent who the child lives with has them for the school year and the other parent gets them for summers as well as half of christmas break and spring break. I just recently moved with my children from SD to CO and my ex-wife is still in SD, so I have been through this on the other side of the coin. The difference being my wife has been found guilty of child abuse, which made the move easier.
2007-01-25 11:18:00 · answer #2 · answered by Kevin J 4 · 3⤊ 0⤋
there's legal aid and there's also free legal counseling available i forget the # but its set between 5 and 9pm. (check on-line for free legal sites)
doesn't your divorce decree stop him from taking her out of state without the courts permission? some do and some don't, but i would be checking. if it does than he will have to go before the judge and persuade him that this move is in the best interest of your daughter. you will also have the right at that time to present a case as to why you don't think its in her best interest.
2007-01-25 15:14:46 · answer #3 · answered by angel1 5 · 0⤊ 0⤋
Just because he is the main supporter doesn't mean an attorney or judge would grant him full custody.
he can always pay child support.
Whom does your daughter want to live with? 11 is old enough to let her decide.
IF this all bothers you and you have no money, you can get Legal Aid to help.
2007-01-25 11:06:01 · answer #4 · answered by peggin_beast 6 · 1⤊ 0⤋
You coud go to, the website of the court house in your county and they have free help, forms to fill out all online. So find that website and there is probably someone you can email. I hope this helps you. Good luck.
2007-01-25 11:06:53 · answer #5 · answered by pinkzebra396 1 · 0⤊ 0⤋
He will have to go to court to get permission to do that legally but try to go to legal aid where they will charge a reasonable amount for legal aid to represent you.
2007-01-25 11:12:14 · answer #6 · answered by Al B 7 · 0⤊ 0⤋
Make out an application urself and take it to the judge.
2007-01-25 11:48:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you have JOINT custody...he is not aloud to just move with her before its decided by a court, he could be charged with kidnapping.
2007-01-25 11:04:46 · answer #8 · answered by Anonymous · 1⤊ 1⤋
call your local D.A. you have rights!!! do you have paperwork on the custody decree? check it out call all the child services someone will have a # for you to call.good luck!
2007-01-25 11:07:12 · answer #9 · answered by marie 2 · 1⤊ 2⤋
you can call legal aid and they will give you advice as what you can do and what he can't do
2007-01-25 11:04:53 · answer #10 · answered by Anonymous · 2⤊ 0⤋