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berne · May 14, 2009, 11:12 AM

My divorce was final in 2000, I want to move my case closer to my home... who do I do it?
It is in the same county, just different city... it would be a hardship for me to travel to where the divorce/child custody was finalized.
Thank you

berne · May 14, 2009, 11:14 AM

I had been to court in November 08 to try to gain custody of children (long and complicated situation), my plea was denied... I want to appeal this order... I have to gain custody of my children here in California, my children are in Georgia, where my ex abandoned them and the courts their have them.
Thank you!

ScottGem · May 14, 2009, 11:25 AM

Without knowing the background its hard for us to advise. On what grounds was custody denied. What is the children's status now?

Do you have an attorney?

berne · May 14, 2009, 11:47 AM

Without knowing the background its hard for us to advise. On what grounds was custody denied. What is the children's status now?

OK... I told you it was long and complicated... but you asked for it! Haha!

No, I have no attorney... am looking for one now... because I need one for Riverside county (where I live) and one in Georgia (where the kids are).

I origianlly had physical custody of the children up until 11/04. At that time, I had visitation. (I lost custody because I became homeless). When I was able to get a home, I was going to petition the court for custody again... but in a two week time, the kids accused me and my husband of abuse. That started a whirl wind. Even though I took a polygraph and passed, admitted no guilt and no evidence of the abuse with the children... everyone still believed the children. Ex took kids to Georgia, abandoned 2 oldest (the ones who accused) to the state and left them. He took youngest daughter to Colombia, South America, gave her up there! Gave up his rights to her. She is now back in Georgia, deprivation hearing on June23. Was told the judge won't consider custody until I have it changed here in California.
11/08 is when the last custody hearing was, I tried to get custody of her to get her out of South America. It took the judge 15 seconds to deny my case because of the abuse allegations.
That is my story! Sorry so long!

ScottGem · May 14, 2009, 12:02 PM

Wow, those poor kids. The problem I see here is that the older kids don't seem to want you as their parent. So even if they lied, the court is going to be reluctant to place them back with you.

Given the complexity of this, a local atty with a GS affiliate is absolutely needed.

berne · May 14, 2009, 12:13 PM

I never said the 2 older kids didn't want to be with me, I do not know what they want. Georgia DFCS told me "They will NEVER let me have my kids" and "They don't care what has happened in California".
The original court order is here in California, even if the kids want to come home or not... I want custody of them... I still have a 13 year old and a 9 year old! I am going to court in June for the 9 year old.

this8384 · May 14, 2009, 12:22 PM

Originally Posted by berne

I never said the 2 older kids didnt' want to be with me, I do not know what they want. Georgia DFCS told me "They will NEVER let me have my kids" and "They don't care what has happened in California".
The origional court order is here in California, even if the kids want to come home or not...I want custody of them...I still have a 13 year old and a 9 year old! I am going to court in June for the 9 year old.

It's not what you said, it's what your children said. Obviously, they don't want to live with you if they are willing to make abuse allegations against their own mother.

There could be any number of reasons you were denied custody. What we can tell you, with absolute certainty, is that you are going to need an attorney to fight this for you - it's not something that an ordinary person is going to be able to accomplish, especially already having been denied once by the judge.

EDIT: After reading your initial question, this is going to be even harder.
https://www.askmehelpdesk.com/family...ty-353822.html
The divorce may have been finalized in CA, but the case could very easily get moved to GA because that is where the children primarily reside.

JudyKayTee · May 14, 2009, 12:47 PM

I am troubled by the phrase that you never ADMITTED any guilt as opposed to "these are false accusations."

JudyKayTee · May 14, 2009, 12:49 PM

What do you want to do? Once a divorce is granted, it's over - unless you are talking about side issues such as visitation and support.

I thought your children/ex were in another State. https://www.askmehelpdesk.com/family...ct-353824.html

berne · May 14, 2009, 01:01 PM

Even though the kids are in Georgia... jurisdiction was left in California where I reside because that is where the divorce was finalized... and as of November of last year... it still was

this8384 · May 14, 2009, 01:09 PM

Originally Posted by berne

even though the kids are in georgia...jurisdiction was left in california where i reside because that is where the divorce was finalized...and as of november of last year...it still was

Right - but that can change.

I still stand by my advice that you need an attorney... of course, without more background info I have no way of knowing if you even have a snowball's chance in hell of getting your kids again.

ScottGem · May 14, 2009, 01:36 PM

If the custody case where custody was awarded to your ex was in CA and you have never moved from CA, then CA still has jurisdiction. So you need to get the CA court to award you custody and then try to enforce it in GA.

Originally Posted by berne

I never said the 2 older kids didnt' want to be with me, I do not know what they want. Georgia DFCS told me "They will NEVER let me have my kids" and "They don't care what has happened in California".

You didn't have to say it. What you did tell us makes it obvious. You told us the kids filed false charges of abuse to prevent you from regaining custody. Does that sound like they want to be with you? Why do you think GA DCFS is so adamant about not giving them back? Because the kids don't want to go back!

Originally Posted by berne

The origional court order is here in California, even if the kids want to come home or not...I want custody of them...I still have a 13 year old and a 9 year old! I am going to court in June for the 9 year old.

YOU want custody, despite what they want. How do you think that is going to go down in the event you do win?

You need more than an attorney, you need a family counselor to FIRST repair the rift in the family. Before I even file for appeal I would try to get a third party to mediate and see if the kids can be convinced to return. Frankly, I don't see a court granting you custody unless you do.

this8384 · May 14, 2009, 02:02 PM

Originally Posted by berne

My divorce was final in 2000, i want to move my case closer to my home...who do i do it??
it is in the same county, just different city...it would be a hardship for me to travel to where the divorce/child custody was finalized.
thankyou

I just realized how ridiculous the original question was.