Ask Me Help Desk - Do I have the right to move out of state with my children when I have full custody?

I am about to win in court Friday on a petition for grandparent visitation rights. My children haven't seen my ex's mother in over a year and a half. She has already lost two full custody suits against me, one she used her son to try and get custody of the kids through him, and failed, then she tried and failed. I live in Georgia, where she has the burden to prove that harm will befall my children if she does not see them. That is impossible for her to do. I have a list of times where she put my children at risk/harmed them. She is mentally ill, and believes they are her kids. Anyway, the father is legitimated, but is in Florida on Probation.I believe she will try to use him again to get to the kid once he moves back up here. I want to win in court Friday and pack up and move before he locks me down in the state with a court case again. Do I have the right to move without asking the courts or the father? Do I have to tell them where I move? This will never end. This is our 8th time in court. I have never lost. She is a lunatic and just trying to spite me, and will never quit. Can I just move and get on with our lives?? My attourney is recommending it, but I want to make sure it is legally okay.

So far as I know you still need to provide the father with a means of contact. Simply disappearing just doesn't cut it.

Unless any of the court orders say you can not move out of state, you can. Many custody orders ( the one giving you full custody) will say you can not move out of state, If it does not, then you should be OK to move.

As long as you have full legal custody, and there is no visitation order, then you are free to move. You might let the court know your wherabouts though.

There is nothing in the court orders that says I can not move out of state. The father has my cell phone number. He cannot leave Florida anyway... I am not going to mention in court that I am moving. I guess I will just ask my attourney when I meet with him in the morning if it is legal for us all to move without notifying the court or the father... He has no court ordered visitation either... If they do grant visitation to his abusive and psychotic mother and her ex-convicted cocaine traffiking felon husband, who bears arms, I will be moving immediately. Court order or not. She has interfered with my custodial rights before. When my youngest son was 2 months old, I had recovered from a hysterectome and I was leaving her house after having surgery, she was begging us to stay at her house. She didn't want me to take my children home. She would not give me our infant son, and I did not know what to do. She was clutching him, and so I went to call the police, because she was acting crazy. I had my back turned and was telling the dispatch that she had my infant son and would not give him back. She crept up on me and threw my son at me and I barely caught him, he had almost hit the ground. I took my kids and tried to get in my van to leave and she threw the diaper bag and bottles at me while calling me a selfish *witch* and threatened to beat me up. I buckled them in their carseats and fled for our safety,unfortunately before the cops could get there. Once the police got there, she described what kind of van I drove as if the poice were going to arrest me for kidnapping my own chidren. She is a lunatic. I have the police reports for the judge in the morning. Do you think she still has a chance at even supervised visitation??

Quote:

Originally Posted by georgiagirl35

If they do grant visitation to his abusive and psychotic mother and her ex-convicted cocaine traffiking felon husband, who bears arms, I will be moving immediately. Court order or not.

That would be a BIG mistake. If you violate a court order, things will become worse for you.

Frankly, I don't think you will lose, and, as long as are not violating any court orders, you should be free to move.

I know, and I agree, it's not a good idea to violate a court order, but as a mother it is in my nature to want to protect my chidren.They have been traumatized by her. If the court does overstep my parental rights, and something bad happened to my children I would hold the courts responsible. I don't believe they will get visitation either, but the judge holds their lives in his hands. If she decides to do something stupid, and my children are harmed or dead, I cannot bring them back. There is no way the courts could undo that. Nothing is more important to me than my children's health and well being. There is no better reason than to fight than for the lives/safety of your children. I would die for my kids, I love them and am responsible for their safety. It is my god given mission to protect my babies.

Thank you for your advice.

Quote:

Originally Posted by georgiagirl35

I know, and I agree, it's not a good idea to violate a court order, but as a mother it is in my nature to want to protect my chidren.They have been traumatized by her. If the court does overstep my parental rights, and something bad happened to my children I would hold the courts responsible. I dont believe they will get visitation either, but the judge holds their lives in his hands. If she decides to do something stupid, and my children are harmed or dead, I cannot bring them back. There is no way the courts could undo that. Nothing is more important to me than my childrens health and well being. There is no better reason than to fight than for the lives/safety of your children. I would die for my kids, I love them and am responsible for their safety. It is my god given mission to protect my babies.

Im sorry to say but quite frankly if you take that attitude into court it could do you more harm then good. It sounds scary. And yes I agree you should talk to your lawyer about telling the courts if your going to move. If you violate court orders you risk having to give up your children. Be very careful.

I truly believe the courts are not going to force my children to see her. I think the judge knows how badly he messed up last time and I don't think he's that stupid as to let her see my children again, and I'm not stupid, I never mentioned a thing to the courts about violating an order, I don't think I will have to go to that extent, and NOBODY is going to take my chidren away from me. I am a fit mother as to the court's findings, and have every right to protect my kids. The judge knows they are a risk to my children's health and wellbeing.
p.s. I didn't take any "attitude to court, " I am not as dumb as you think...

My attourney will most likely be pressing charges on their father too, since this is the third time he failed to appear, and was served with receipt of the summons, required to attend, and required to report any summons to court with his probation officer. He failed to do any of this. The judge may put out a warrant for his arrest again. I don't think he stands a chance to try to take custody since he and she have lost before. He needs to go back to jail since in over three years he has not held a job, and she needs to go to the looney bin and take her psychiatrists advice from before and leave me and my children alone. I rest my case.

Aso, I did find out that I, having full custody, do have the right to move wherever I want whenever I want, and should give thirty days notice as to me moving. But when the father is homeless, and doesn't have a job or any means of contact with him, he has already taken care of that for me. How can I write him a letter?? Haha... and when he's in jail, what can he do aboout it? Hes been in jail for over a year, he's out now and about to be served with warrants from two different divions. Lol that's what happens when DEAD BEAT DADS don't pay child suppoert, and fail to appear in court.