I have been divorced for 4 yrs now. Aug of 2012 my ex decided he wanted to move to TX. He wanted to take our daughter. After much consideration I allowed her to go with him. We modified our papers where I reviewed the usual visitation etc. After her visit for Christmas she did not want to go back but I had to send her since then he had not followed our visitation order. I had to fly out in April to visit. I am allowed 6 weeks for summer and had asked for her to come June 10 for the 6 weeks. She is still not here. He is refusing to sent get saying I need to seek counseling before he will allow her to. We have joint custody but he does if physical because she lives there. She wants to come her and I don't know what to do. Our paper were done in GA but you know live in NC. I have gone to a lawyer in ga and in nc. Ga says that because none if you reside there any longer they would prob not fight for her. So I seen a lawyer in nc who says I have to reside her for 5 months before they will acknowledge it. What can I do. My lawyer suggested just to get her since I have visitation rights but I don't want to get in trouble. But I want to see my daughter and she wants to see me. Can anyone help me

If you have court orders for visitation then go get her. If he refuses you call the police. Make sure to bring all your paperwork with you. As far as filing for custody changes you will have to do that where she currently lives.

If he is refusing to send her and you have no back up court wise, how do you plan on getting her to you? If you don't get her with the court backing you up and they say you had no right because the papers aren't up to date or whatever you could be in trouble and it could work against you. You may just have to wait the time. He sounds like he is planning on modifying the orders with the needs counseling comment.

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... Ga says that because none if u reside there any longer they would prob not fight for her.. .

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Who is "they". Georgia courts issued the current order. Georgia courts should require the father to show cause why he is not in contempt. If the Georgia court issues an order holding him in contempt, Texas is required to honor it.

And it is possible to ask the Texas courts to modify the custody. But until they do, the Georgia decree should be enforced.

North Carolina has no jurisdiction.

I agree with Cdad. Go get her. After you have done so, file a motion in the Georgia case for an order sanctioning him, including awarding you your expenses, as well as attorney fees.

Can she still use the ga court order when she lives is in another state. I've seen problems when people are in transition d neither state will back them

Currently GA has jurisdiction but GA will cede to Texas if he files to change venue to TX. Ga doesn't have to "fight", it just has to enforce the orders it issued. Your NC attorney should contact a TX attorney to facilitate retrieving her. As I understand it you have a court order that says she should be with you for 6 weeks beginning June 10. So you go with that order to pick her up. The TX atty can help facilitate that.

If he applies for a change of venue to TX, GA will probably not fight that. So I would not use GA courts until AFTER you have retrieved her. Then you fight his application for venie by pointing he refused to honor the existing order.

How old is the daughter by the way?

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Originally Posted by ScottGem

... f he applies for a change of venue to TX, GA will probably not fight that. ...

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The State of Georgia? Of course not. The state doesn't have a dog in this fight even if all parties were still in-state. Child custody is a private matter, and normally state governments will not get involved.

But, as you have suggested, the Texas courts may well decide that, because of the father's conduct, they don't want to get involved. If so, the Georgia decree would continue.

Clearly I was referring to GA courts but then don't the courts represent the state.

Yes is possible, that because of his contempt of the GA order that TX may decline jurisdiction. But since he and the child are now TX residents, I'm not sure they will.

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Originally Posted by N0help4u

Can she still use the ga court order when she lives is in another state. I've seen problems when people are in transition d neither state will back them

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Barring any new orders the Georgia order is the last valid order and must be upheld. So long as it complies with what the OP is saying then it is fully enforcable.

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Originally Posted by ScottGem

... don't the courts represent the state.
..l.

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No. They don't.

The Georgia AG represents the state.

The court doesn't "represent" anyone. Hopefully, it it applies, interprets, and enforces the law fairly and impartially, for residents and non-residents alike.

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Originally Posted by N0help4u

If he is refusing to send her and you have no back up court wise, how do you plan on getting her to you? If you don't get her with the court backing you up and they say you had no right because the papers aren't up to date or whatever you could be in trouble and it could work against you. You may just have to wait the time. He sounds like he is planning on modifying the orders with the needs counseling comment.

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That's is why I am asking what I can do. The papers were filed in GA in Aug 2012. So they are still current. The lawyer in NC told me to fly out there and pick her up and bring her back because I do have court ordered visitation time

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Originally Posted by AK lawyer

Who is "they". Georgia courts issued the current order. Georgia courts should require the father to show cause why he is not in contempt. If the Georgia court issues an order holding him in contempt, Texas is required to honor it.

And it is possible to ask the Texas courts to modify the custody. But until they do, the Georgia decree should be enforced.

North Carolina has no jurisdiction.

I agree with Cdad. Go get her. After you have done so, file a motion in the Georgia case for an order sanctioning him, including awarding you your expenses, as well as attorney fees.

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I spoke with an GA attorney "they " the court. She stated she did not feel they would stand behind the order since non of us reside in GA any longer

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Originally Posted by ScottGem

Currently GA has jurisdiction but GA will cede to Texas if he files to change venue to TX. Ga doesn't have to "fight", it just has to enforce the orders it issued. Your NC attorney should contact a TX attorney to facilitate retrieving her. As I understand it you have a court order that says she should be with you for 6 weeks beginning June 10. So you go with that order to pick her up. The TX atty can help facilitate that.

If he applies for a change of venue to TX, GA will probably not fight that. So I would not use GA courts until AFTER you have retrieved her. Then you fight his application for venie by pointing he refused to honor the existing order.

How old is the daughter by the way?

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She is 10

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Originally Posted by Khowell78

She is 10

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Interference by one parent in the relationship of a child with the other parent is never in the child’s best interest. Most courts and experts agree that it is important for a child to have a strong relationship with both parents. The courts will typically award custody to the parent who is most likely to foster a relationship between the child and the other parent. Courts in some jurisdictions have held that interference with the non-custodial parent’s right could be grounds for a change of custody.
Refusing to Return Children
The most common form of interference occurs when the custodial parent consistently refuses to turn children over to the non-custodial parent for court-ordered visitation. The child’s best interests are clearly injured as they are deprived of a relationship with the non-custodial parent.
Supervised Visitation
Visitation rights are not guaranteed. Visitation can be suspended, denied or restricted if the court finds that it would be contrary to the child’s best interest. Factors may include parental unfitness such as child abuse, neglect or abandonment, or severe mental illness. The question of the need for supervised visitation generally comes up in the following situations:
Violence or Physical Child Endangerment. I was researching and found this information with TX law. The thing is I called out to the police department in their county. They told me they would not get involved because it was a civil case. So after reading everyone's post I am at a loss in what to. Should I go get get then go to GA and file contempt. Will we have to go to court in GA. I just want to see my daughter and I know that if she goes back to her dad I will not see her again unless I fight for her. He is going to very upset if I make this decision but she is my baby girl and want her back I just don't want to be charged with parental kidnapping or anything like that

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Originally Posted by Khowell78

I spoke with an GA attorney "they " the court. She stated she did not feel they would stand behind the order since non of us reside in GA any longer

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If that attorney is right, it's sad. Apparently the judge doesn't have enough self-respect to see that the court's order is obeyed. I would check with another Georgia attorney to see of this is acccurate.

Another option would be to register the Georgia decree with the Texas courts, and see if the Texas courts will enforce it.

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Originally Posted by Khowell78
I spoke with an GA attorney "they " the court. She stated she did not feel they would stand behind the order since non of us reside in GA any longer

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That is what I thought. I think all you really can do at this point is wait however many months in NC or go to Texas and take a chance that he will talk things out with you there.

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Originally Posted by AK lawyer

If that attorney is right, it's sad. Apparently the judge doesn't have enough self-respect to see that the court's order is obeyed. I would check with another Georgia attorney to see of this is acccurate.

Another option would be to register the Georgia decree with the Texas courts, and see if the Texas courts will enforce it.

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Ok. But should I get her. It will take time to get that in order. I have already lost most my time this summer. Is like to get to spend sometime with her

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Originally Posted by Khowell78

I spoke with an GA attorney "they " the court. She stated she did not feel they would stand behind the order since non of us reside in GA any longer

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They were wrong. They have to abide by it as it was created there. That's the law. What Georgia won't do most likely is modify the order since neither party lives in the state. But enforcing the existing orders is something the courts MUST do.

Go pick up your child if it is your time with the child.

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Originally Posted by N0help4u

That is what I thought. I think all you really can do at this point is wait however many months in NC or go to Texas and take a chance that he will talk things out with you there.

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It doesn't work that way. Not at all. If it did then any couple moving to different states after a divorce would have to divorce again. Does that sound correct to you? Of course not. The court of record is Georgia. They issued the orders from their court. They can and will enforce the current order. What they are not likely to do is modify the order as both parties have left the states jurisdiction.

I agree with cdad. You have a valid court order that says this is your time with your daughter. Go get her! Once you have her file for an emergency hearing in NC for the case to be moved there and to modify custody since the father violated the court order. Hopefully the court will issue an order to suspend the current visitation schedule pending the outcome.

I also agree that GA has to enforce the order they issued. The GA courts have no choice in the matter. But since neither is in GA, they will probably be willing to transfer the case,