My son's mother is talking about taking my son all the way to california. We just came from there in april because were struggling,we was in New Jersey up until the last week in July. She always said she wanted to come to georgia and I have family here so we came. because my brother owes me money and I still went to help him out even after not getting paid she gets mad. ?Now she's talking about moving with my son. She's emotionally unstabled and likes to move alot as you can see. What should I do please help I want to take full coustody of my son so he can be stabled.
2007-08-17 11:32:46 · 6 answers · asked by josephcodner 2 in Family & Relationships ➔ Family
Take her to court. But good luck. Tell the judge that you want a stable home for the child and cant keep chasing the mother all over the country to provide for him
2007-08-17 11:39:22 · answer #1 · answered by Anonymous · 0⤊ 0⤋
well, are you together, or are you apart? that's the big question here. if you're married, then you would have to file for divorce to get custody. if you've never been married and there is no custody order, then you need to file for a paternity test and seek custody. moving a lot doesn't necessarily mean she's unstable, it could just mean that she's unsure of where to live and surveying her options. now, if the child is of school age, and is getting switched from school to school every couple of months, then it could be in the best interest of the child to seek custody, and the judge may side with you. however, if it is a young child, I don't see the judge giving you custody simply because she likes to move a lot. you have a burden of proof you need to reach, and if this is all there is, I don't see it happening. (by the way, you want him to be stable, not stableD. stabled is what horses are when they are put into stables.) I've been divorced twice and sought custody both times. you might want to check the "Albright Rules" which are based on Albright v. Albright, although I don't know what state. those are the rules my judges went by. good luck finding your answer.
I looked it up, and here's a link. this is based on Mississippi Law. Georgia may have something similar. look it up if you have any questions. hope it helps
http://www.jayfosterlaw.com/library/Albright%20v.%20Albright-001.txt
2007-08-17 11:46:47 · answer #2 · answered by flgalinms 5 · 0⤊ 0⤋
That doesn't prove she is unstable. You can only get total custody if you have proves that she is mentally unstable, or she is putting child in real danger.
I think you're as bad as her, I'm a wife that have to leave recently from California (there's my family) because of husbands job, is very difficult to accept the change, California is one of the best places to live! and live far from family and friends is worse, then you take her to a place where "yours" and only your family is, how do you think she feel? is hard to survive with husbands family when she wasn't used to live with or near them before and she probably feel more lonely with that situation.
I think, You as the "stable" at the moment, should make sure are giving her the support she needs, be more with her and not with your family, make her feel secure and caring, a change is always difficult and more if you are not giving her support, you already have the support of your family, so be the one for her. Instead of asking for divorce and custody, look for a way to heal your marriage.
I had tell my husband SO many times I want or pretend to go back and leave him, but honestly I don't want to leave him, I just miss my life there and the closeness that we had before, his family is also near us, while mine is far. It's really hard, believe me!
2007-08-17 16:41:08 · answer #3 · answered by California 4 · 0⤊ 0⤋
As long as there isnt a divorce or pending one,there isnt much legally you can do to stop her. Now if you can prove shes mentally unstable and a real threat to his welfare, you might be able to get controlling custody here,removing her maternal responsibility due to the illness. Now youre going to need medical records showing this. Not easy but not impossible. This might be easier to accomplish if she does leave with him and then get an emergency custody hearing. Good luck
2007-08-17 11:58:37 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
The only way you can get full custody is to prove that she is an unfit parent. Don't think that saying she's "emotionally unstabled [sic]" proves anything. It doesn't. You have to prove unfitness in a court to a judge. As for her moving around a lot.....hey, you were doing it too, buddy.
2007-08-17 11:40:09 · answer #5 · answered by lady_phoenix39 6 · 0⤊ 0⤋
She likes to move !!!!!!
I don't know why I'm telling you this but ---stay out of North Carolina --- Mom's #1 in the court system.
Check out the stats of each state and move into one that approves of Dad's then take her to court and be ready to prove her unfit.
2007-08-17 11:44:47 · answer #6 · answered by Dionannan 5 · 0⤊ 0⤋