Ask Me Help Desk - Paternal custody

State of Georgia.

Mother left the state to move to Florida. Shared custody currently - mother 16 days, father 14. Father has filed with the state of Georgia as the father and is named on the birth certificate.

Father has a job offer approximately 300 miles further away than current. Mother has threatened to refuse visitation of child.

Mother has been making child suport and custody decisions based off the fact the father has a girlfriend and the fact that she doesn't want him to have a girlfriend. Mother has also used child support money admittedly inappropriately to go on vacation and the like.

Can she really revoke visitation? The job can provide more money for the child.

Does the father have any type of leverage in child support/custody issues?

The mother cannot violate a court order without the risk of incurring civil and criminal penalties, if that is what you mean by "revoking visitation."

In most states (e.g. California) child support can be spent by the recipient-parent at that person's discretion and it is permissible that child support improve the standard of living of that parent.

I don't understand your question about "leverage" in child support and custody issues.

The current legal document provides for 10 days with the father and 21 with the mother. However, there is a verbal agreement between the two for 14, and 16 days respectively as the mother approached the father stating that she couldn't handle having the child that many days and needed more break.

The custody agreement is up for modification at this time and she has threatened to take away all visitation if he moves because she doesn't want to drive a little further to pick him up nor will she agree to transport the child via airplane.

By leverage I just mean some ground to hold on. The child was born in Iowa - she threatened to jump state then if he didn't stop seeing his girlfriend. She decided to move anyway even though he ended that relationship. He moved with her so he could still see his child. She decided after approx. 4 months that she wasn't happy in Georgia and moved to Florida. He now has a girlfriend and she's upset about it. She keeps using the child as a pon to force gut check decisions rather than making decisions based on the best interest of the child. She has stated that she will keep jumping states just to be a pain in the to him and his girlfriend. Basically she has said anything to make it more difficult for that relationship to maintain she will find a way to do it.

He has an opportunity for a better job with better pay and she has said that if he moves there she won't allow visitation and won't sign any further documents that allow for visitation if he does move. She has based this decision simply on the fact that it is closer to his girlfriend albeit in a different state than his girlfriend even lives.

Yes... we are dealing with a real "lady" here.

Again, she can't violate a court order. If she wants to modify the visitation order she will need to justify it on legal grounds not emotional ones.

Quote:

Originally Posted by Tammy55ccp

The current legal document provides for 10 days with the father and 21 with the mother. However, there is a verbal agreement between the two for 14, and 16 days respectively as the mother approached the father stating that she couldn't handle having the child that many days and needed more break.

The custody agreement is up for modification at this time and she has threatened to take away all visitation if he moves because she doesn't want to drive a little further to pick him up nor will she agree to transport the child via airplane.

By leverage I just mean some ground to hold on. The child was born in Iowa - she threatened to jump state then if he didn't stop seeing his girlfriend. She decided to move anyway even though he ended that relationship. He moved with her so he could still see his child. She decided after approx. 4 months that she wasn't happy in Georgia and moved to Florida. He now has a girlfriend and she's upset about it. She keeps using the child as a pon to force gut check decisions rather than making decisions based on the best interest of the child. She has stated that she will keep jumping states just to be a pain in the to him and his girlfriend. Basically she has said anything to make it more difficult for that relationship to maintain she will find a way to do it.

He has an opportunity for a better job with better pay and she has said that if he moves there she won't allow visitation and won't sign any further documents that allow for visitation if he does move. She has based this decision simply on the fact that it is closer to his girlfriend albeit in a different state than his girlfriend even lives.

Yes...we are dealing with a real "lady" here.

For starters who is doing the modification ? Is this something that is going through the court system ? If he stands his ground and stays put then he can insure that visitation occurs as it has been. If she keeps threatening to move away make that part of the agreement that she can't without his permission. Its sad to put the child through all this but if the mother keeps playing games she will lose custody completely. He needs to keep all records and go through the hoops the courts put on him and stay put.