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Question

I have been with the same man since I was 15 (12.5 years). We have three daughters together. We just got into a really bad argument, the type that I have almost divorced him over a couple of times now. I am supposed to start a new job in GA on August 10th and we had agreed that I would go ahead of him, move to GA and get the kids registered in school. Now he is telling me to go alone. What do I need to do to take my kids with me?

Submitted: 230 days and 15 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country of Question: Ohio

Already Tried:
FYI, I am living near Columbus OH and am moving to Georgia. I have told him before that I am tired of the emotional abuse and fighting in front of the kids and he would threaten me that he would get custody of the kids. Now, we have had another fight, in front of the kids after I had told him to stop yelling at me, and it only escalated. I told him I wish he would just punch me in the face and make this a lot easier for me to leave because I could call the cops. I don't think emotional abuse is viewed the same as physical in the justice system. Now I plan on taking steps for a dissolution or divorce, but he says he wants me to move to GA without the kids and leave them here with him. I told him he can't stop me from taking them and he just laughed. I am supposed to leave on Thursday! What do I do??

Posted by RayAnswers 230 days and 15 hours ago.

Answer

Thanks for your question. You need do nothing here. You have joint custody. Take the kids and once you establish residency file there. This will avoid issues here filing in your former home state.

If you filed in the old state the court might not allow you to move with the kids. You are better off filing in Georgia here once you are settled, It is possible here he files in the old state but if he doesn't you are better filing where you are moving here and then he has to deal with it.

Refeence to the law..

"

No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.

The divorce is typically filed with in county in which the filing spouse lives. (Georgia Code - Sections: 19-5-5)"


Thank you and please click accept so that I may be paid for my answer to you. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

RayAnswers40027.781906169

230 days and 15 hours ago.

Reply

So, if I move to GA, I can't file for 6 months?

Posted by RayAnswers 230 days and 15 hours ago.

Answer

Yes, but if you file in Ohio ther are relocation laws and they may not let you move or take the kids in a pending divorce. I would go and take my chances. You can file for child supprot here in Georgia without divorce here. Sign up with state child support for $25.They can get you support pending divorce..

Ohio law..


"If you are the custodial parent and you want to move to another city with the children, Ohio law requires that you provide advance written notice to the other parent of your intention to relocate. New considerations and issues arise when each parent resides in a different city, not the least of which is the need to create a new parenting time and visitation schedule for each parent with the children. Notice to relocate must be given to the remaining spouse as well as the Child Support Enforcement Agency on any contemplated move. A move to another city reduces the amount of time that the remaining spouse can spend with the children because of the long distance that must be traveled to see the children. New and unexpected expenses will be incurred for travel expenses, including gasoline, motel, or air fare expenses, all of which must be taken into account. It may be necessary to modify the monthly child support order to accommodate the new expenses.

The court will not automatically agree with a parent that a move to a new city with the children is appropriate, as it must be shown, in the event the remaining spouse objects to the move, that the move is in the best interests of the children.

In considering what is in the best interests of the children in the relocation to another city with one of the parents, the court will examine the reasons for the move in an attempt to determine whether or not it is being done to frustrate the relationship of the remaining parent with the child. It will be necessary to consider the effect of the proposed move on the new visitation schedule that will result and whether or not the new visitation schedule will permit the continuation of a meaningful relationship between the remaining parent and the children.

The court will review the extent to which parenting time and visitation that has been exercised in the past will impact the visitation that the proposed move might have on all parties in the future. If the court determines that it is in the best interests that the children remain and not make the move to the new city with the parent desiring to move, the court can change custody to the remaining parent and then create a visitation schedule for the parent who moved away. Although it is not binding on the court, the wishes of the child with respect to such a move can be considered by the court, depending upon the age and maturity of the child who is expressing an opinion. The living conditions, the educational opportunities and the social/economic considerations of the new city can be considered by the court and compared to the child's current circumstances. The availability of the extended family and support groups in the current environment and those available in the new environment can have an impact on the court's decision."RayAnswers40027.7890901273

230 days and 15 hours ago.

Reply

Sorry to bug you again. You have given me good information and I plan on accepting to pay you, but I have another question. Is that law for ohio if I apply for divorce in Ohio first? But, if I wait until I am in GA than I don't have to worry about it? How do I file for child support in GA if we are not divorced?

Accepted Answer

If you file in Ohio the cout would have to allow you to relocate and that is no certainty. The court weighs both parents rights before deciding and is unlikley to allow you to move until the divorce is complete. And they may well make you pay for transport to and from visitation

Georgia on the other hand will make him come visit there and transportation is his worry. You can file in Ohio or Georgia here for child support through the state child supprto agency. Same fee--$25. But if you are moving her ot me it is easier to file in Georgia. I would tell you to take the job, file for support in Georgia and when the six months are up file for divorce...

Thank you and please click accept so that I may be paid for my answer to you. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.



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Expert: RayAnswers
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Answered: 8/2/2009

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