A friend of mine needs held knowing his rights his ex wife is leaving the state with his 2 children. They have joint custody she has final say so. But does he have any rights. He lives in Georgia

He could petition the state to block her from moving. It is no guarantee, but he could give it a try.

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Originally Posted by mandyme

a friend of mine needs held knowing his rights his ex wife is leaving the state with his 2 children. they have joint custody she has final say so. but does he have any rights. he lives in georgia

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As far as I know, joint custody means they both have equal say and she cant' leave the state without his and a judges approval.

Whether they have joint custody or not she can leave the state unless it is specifically stated in the court order that she can not change the residence of the children without the other parents permission or an order of the court.

He needs to go to court and file a motion to prevent the mother from moving the children out of state. It may or may not be granted but. If he's opposed to the idea, then he needs to put up a fight.

Try this: Call your local sheriff, ask them how they enforce orders by the court to prevent moving a child out of the state by the other parent. I bet they will do NOTHING. They will tell you it is a civil matter, they will only come to keep the peace. They cannot prevent the parent from leaving anywhere anytime with a child. Period. That's our great justice system at work. So unless you keep your child with you at all times for years, then pray the other parent won't take off. So keep paying a lawyer to do nothing, keep asking a judge for something and getting nothing in return. Just hope the other parent is naïve enough to follow orders by a court. What can you do? Call in an amber alert? Report kidnapping? Flash a fancy court paper in a sheriffs face? They won't do anything for you.