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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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MY SON IS NOW GOING THROUGH A SIMILAR DILEMNA AS HE WAS BACK

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MY SON IS NOW GOING THROUGH A SIMILAR DILEMNA AS HE WAS BACK IN JUN WE I FIRST TALKED TO U. HOWEVER HIS EX-WIFE IS DOING THE EXACT SAME THING THIS TIME AS HE DID BACK TWO YEARS AGO IN NOVEMBER 2011. HE WILLING AND WILLFULLY QUIT HIS JOB-AS THE JUDGE QUTOED-TO MOVE OUT OF STATE OF GA-TO GET A BETTER JOB--MOVED TO PN! WITHIN A MONTH HIS EX HAD A HEARING AND THE JUDGE PUT HIM IN JAIL TO PAY FOR BACK CHILD SPT AND NEGLECT FOR MOVING WITHOUTH A JOB! HOWEVER--HE WAS STILL PAYING OVER $1000 A MONTH ON CHILD SPT-AND ALL MEDICAL EXPENSES. NOW IN APR OF 2013 SHE IS PALLING ON WILLFULLY AND WILLING TO MOVE OUT OF STATE-TO FL-WITHOUT A JOB TO B WITH A MAN. SHE HAS BEEN MARRIED 5 TIMES AND ENGAGED 3 TIMES MORE AND IS 36 YEARS OLD. HIS 13 YEAR OLD GIRL-ADAMANENTLY REFUSES TO MOVE WITH HER. HE HAS NO CONTROL OVER HIS 4 YEAR OLD. NOW HE CAN'T C HOS GIRLS ON A REGULAR BASIS SINCE HIS DIVORCE DECREE HAS NO PROVISIONS REFLECTED ABOUT MOVING OUT OF STATE. HE DOESN'T WANT TO STOP HER--BUT DOES WANT CUSTODY OF HIS 13 YEAR OLD DAUGHTER. HIS EX SAYS HE CAN HAVE HER-BUT HE STILL HAS TO GIVE HER 100% OF CHILD SPT OWED. THAT IS UNACCEPTABLE. WHAT R OUR OPTIONS. THIS IS GA LAW VS FL LAW-DEPENDENT ON WHO FILES FIRST. TO B HONEST--IT WOULD B GREAT IF THE JUDGE PUT HER IN JAIL FOR DOING THE VERY SAME THING HE DID-BUT 2 YEARS LATER. I NEED SOME ADVICE BEFORE WE HAVE TO HIRE ANOTHER ATTORNEY! ALL HIS LAST ONE DID WAS GET HIM PUT IN JAIL FOR 40 DAYS UNTIL WE PAID $7500 CASH TO HER! cORDIALLY, DIANNE!
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Are the children currently living in GA? Is the original court order regarding custody/support in GA?
Customer: replied 1 year ago.

the children r currently living in ga. they were married twice. the original divorce decree was in fl. she left fl with a man and moved to ga with no job to be close to family. the second divorce decree was in ga. and now she plans on going back to fl with no family and to be with a man and no job.

Expert:  Law Educator, Esq. replied 1 year ago.
So GA would be the state where the children are residents if she moved from FL to GA and the children have been living in GA. You are going to have to have your son file a petition to change or modify custody and argue in that motion that the state of FL no longer has any interest in the case as the father, mother and children are all residents of GA and thus GA has jurisdiction.

Your son is going to have to prove that her moving back to FL is not in the best interests of the children. Your son should really consider getting an attorney for himself to fight this battle for his child. The 13 year old is at the age where the court will listen to her wishes as to where she wants to live and who she wants as a custodial parent, so she can testify to the court about this.

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Customer: replied 1 year ago.

how does he prove its not in the children's best interests. does instability with men have any bearing in his behalf?

Expert:  Law Educator, Esq. replied 1 year ago.
He shows her track record, he argues the teen has made friends in the area and is better adjusted there. Of course her instability with men is a big part, so is the fact she is moving without any concrete employment in FL. Then the 13 year old would testify regarding her wishes as well.
Customer: replied 1 year ago.

My son is at work right now. i will get back to u as soon as i talk to him. cordially-Dianne.

Expert:  Law Educator, Esq. replied 1 year ago.
Okay. I will be here
Customer: replied 1 year ago.

TRULY SORRY TO BOTHER U ONCE AGAIN. WHAT I FORGOT TO ADD--IS WE HAVE BEE THROUGH LAWYERS TWICE BEFORE HERE IN GA! SORRY--BUT WITH NO DISRESPECT--THE LAST ONE SCREWED US ROYALLY AND COST US A FORTUNE! I WAS ABLE TO GET OUT OF THE XTRA COSTS HE CHARGED--CAUSED I DID ONE HELL OF ALOT OF RESEARCH--AND HE DID NOT FOLLOW THE LAW! THE LAWYER HE HIRED--TO SUE MY SON--FOR THE XTRA MONEY HE ALLEGEDLY OWED--TOLD HIM--AFTER MY LETTER-TO DROPIT OR WE COULD SUE HIM!!


NOW FOR THE REAL TRUTH! HIS EX WIFE'S MOTHER HAS MONEY AND CONNECTIONS IN HER RICH TOWN N GA! SHE BELONGS TO A SOCIETY THAT ALSO HAS MONEY! THAT IS HOW SHE HIRED A ATTORNEY FOR HER DAUGHTER-TWICE IN GA AGAINST MY SON!! PROBLEM IS-SMALL COMMUNITY-RICH-AND EVERYONE KNOWS EVERYONE!! THE LAWYER SHE HIRED IS 70--BEEN WORKING FOR OVER 50+ YEARS-AND HIS WIFE IS MY SON'S EX'S MOTHER'S BEST FRIEND. THE WORST PART--IS THE JUDGE WHO HANDLED THE CASE IS BEST FRIENDS WITH THEIR LAWYER!!


 


SO NOT ONLY DID WE HAVE TO PAY FOR HIS LAWYER-AND GETTING ROYALLY SCREWD-WE HAD TO PAY FOR HER LAWYER-PLUS THE $7500 TO GET HIM OUT OF JAIL!


 


NOW U WANT US TO HIREANOTHER LAWYER TO GO BACK IN FRONT OF THE SAME JUDGE WITH THEIR SAME LAWYER-IMPOSSIBLE. I TRIED TO CHANGE THE VENUE BECAUSE OF BIAS--BUT WAS UNABLE TO. I WAS ABLE TO GO TO LAW SCHOOL IN FL WHILE WORKING FOR THE MILITARY--BUT 9/11 HAPPENED AND ALL XTRA PEOPLE NOT DOING THEIR INITIAL JOBS RETURNED TO NORMAL DUTY. I NO ENOUGH TO B SMART BUT NOT ENOUGH TO FIGHT AN EXPERIENCED LAWYER.


 


THAT IS THE BASIC HISTORY. BOTXXXXX XXXXXNE --WE CAN'T GO IN FRONT OF SAME JUDGE/LAWYER/HER MOTHER'S MONEY. WHAT IS GONNA HAPPEN IS IF THE EX FORCES THE 13 YEAR OLD TO MOVE--SHE WILL RUNAWAY. SHE MAY B 13 BUT IN A 15 YEAR OLD BODY WITH A 15 YEAR OLD MENTALLITY. EXTREMELY MATURE.


 


I AM WORRIED ABOUT HER SAFETY!!!


 


THE ABOVE IS JUST FOR INFO FOR U! CORDIALLY, DIANNE!

Expert:  Law Educator, Esq. replied 1 year ago.
You are not bothering me in the least.

The problem you have here is jurisdictional I am afraid. If the children are living in GA and both parents are living in GA, the courts in GA have jurisdiction and not the courts in FL. The FL courts will not touch this case if you try to bring it in FL.

When you are in a small town, the only other thing you can do when there is this type of situation is seek an attorney from one of the nearest large cities to you, since they will not have these connections to the judge or the small town. Then if the judge wants to improperly rule against your son, if they cannot get him removed based on proof he has a relationship with the opposing counsel (which is grounds for removal of the judge) the outside attorney can file an appeal to the GA Court of Appeals and seek to get the judge's ruling overturned.

To find an attorney in one of the larger cities, you can use the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com

It is not that I want you to hire another attorney, it is that based on the situation if your son wants any chance at saving his daughter and keeping her in GA, he is going to need to fight and seek to use every available means legally, which means an attorney so he does not get out maneuvered by the mother's experienced attorney, which often can happen in these cases.
Customer: replied 1 year ago.

THANKU FOR YOUR PATIENCE. WE DID TRY THE LAST TIME TO HIRE AN ATTORNEY FROM ATLANTA GA INSIDE THAT CITY WHEN MY SON WAS STAYING THEIR TRYING TO FIGHT HER AND HER MOTHER. NO ATTORNEY--OUT OF THE FIVE HE CONTACTED--WOULD TAKE HIS CASE!! TOO RISKY-AND NO THE JUDFE'S/LAWYER'S REPUTATION!


WHAT IS GONNA HAPPEN-SORRY TO SAY--IS THE EX IS GONNA MOVE TO FL-MY GRANDDAUGHTER WILL REFUSE--END UP GOING WITH HER-AND RUNAWAY AS SOON AS SHE GETS THERE.


 


TRY TO COME BACK HERE WITH HER FATHER--AND THEN HE WILL GET ARRESTED FOR HARBOURING HIS DAUGHTER. THEN SHE WILL LEAVE AND NOT TELL ANYONE WHERE SHE IS AT!!


 


PISSY AND VERY DANGEROUS--AND THE MOTHER COULDN'T CARE LESS AS LONG AS SHE GETS HER MONEY!!!

Expert:  Law Educator, Esq. replied 1 year ago.
This is sad, but the jurisdiction is a big issue, since the GA court has jurisdiction, even if he waits for her to move to FL, the GA court has to release the jurisdiction before the FL court can get involved. It is the legal system you are up against here. Just because these five attorneys turned him down does not mean no attorney will assist, he needs to use the sites I suggested and contact some other attorneys in the Atlanta area to seek assistance in getting this judge recused based on the relationship with the other attorney and try to get this in front of a new judge.
Customer: replied 1 year ago.

FOR YOUR ASSISTANCE--THANKU--I NEED TO TALK TO MY SON!!


 


I AM SORRY TO SAY THIS IS A LOSING BATTLE.


 


AM I CORRECT IF HIS DAUGHTER RETURNS TO HIM AND HE HARBOURS HER FOR SAFETY--HE CAN GET ARRESTED?

Expert:  Law Educator, Esq. replied 1 year ago.
I am so sorry to hear this is going on, these cases like this are always sad because it is only the children who end up hurt. Yes, if she runs away and he does not notify the mother he has the child, then he could be arrested for harboring her even for safety.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 91299
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thanku for your patience. I talked to my son last night--and he also indicated we can't afford to go down this path once again! I am already over $20,000 in debt trying to hire lawyers and get him out of jail and pay his child spt because the "B" is only focused on money not welfare of her 13 year old.


 


And btw--just for your info--my husband and i r retired military 25 years for me and 33 for him! We have had to travel all around the world and the U.S. Trying to use what is in the best interest of the child--when r own children have had to up and relocate several times--that is a losing battle! Plus the ex's mother is a wife of a retired military man as well and knows how to use that in her benefit. If her husband was alive--he would forbid it-but he died 8 years ago and she has plenty of money to do what she pleases.


 


We can't win this game--it's a losing battle-like in poker when u have no cards and no bluff and u just try to save your ass!


 


I guess we will just have to c what happens next and pray our granddaughter can stay safe and free from harm--on the streets!! Really pretty pathetic but when it comes to lawyers--again no disrespect--u need money to fight money!! We have no more!!!


 


The only thing we can do is wait--or get into our RV and go somewhere safe!!! Cordially, Dianne!

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