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Getting a divorce probably - can she move with kids based on money?


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Old 1st June 2011, 11:23 PM   #1
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Getting a divorce probably - can she move with kids based on money?

Hi,

As hard as we tried, neither one of us believe this marriage is going to work after 13 years. We have three kids 11, 9 and 6. I am VERY involved with our kids with scouts, Church, etc. Never any physical domestic violence or anything. We live in Georgia. My main concern is having split physical custody of the kids where I can have them one week and she can have them the other week. But she would do her best to move to her family in NY or FL with the kids. Her father already said he would lie and say I abuse her if needed so I would never see the kids again.
Both of us work full time but she takes home around $1700 per month. I take home about $3400 per month. Could she say in court that she needs to move to family because she can't afford to live on her own? If we got split custody, would the judge make me pay her anything? I don't see how because both of us have half custody.

From reading many posts, it seems the judge would decide what is best for the kids and I can't see how the judge would give her more custody if I am involved with my kids so much. I'm not a dead beat parent like some I've seen out there and end up hardly ever seeing their kids. And I'm not trying to take full custody, just half and be fair about it. Unfortunately she won't go that route I'm sure. She says there is no reason for her to stay in this city just because of that.

What do you think? Think I would have a chance of not letting her leave with the kids?

Thanks for your help!

Warren
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Old 2nd June 2011, 12:29 AM   #2
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What I would do is right now I would get an attorney to make sure she cannot leave the state with my children. I mean, right now-as in as soon as the office opens. I don't care what she says-if she goes you will play heck trying to get them back.

You want joint custody due to your involvement with them.

Starting now keep a journal of the time you spend with them. Nothing formal because the court would see through that. Just- picked Katie up from scouts today. Taking Jimmy for haircut on Thursday etc.
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Old 2nd June 2011, 12:42 AM   #3
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Quote:
she takes home around $1700 per month. I take home about $3400 per month. Could she say in court that she needs to move to family because she can't afford to live on her own?
Yes.

Quote:
If we got split custody, would the judge make me pay her anything?
Yes.

At your income level, if there's any way you could patch things up, I would recommend trying.

Good luck!
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Old 2nd June 2011, 4:13 PM   #4
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First, your wife will not likely be able to move if you get a court order for the children to remain in GA. Of course, your wife could still choose to move, but the children wouldn't be able to go with her.

Second, even if you share 50/50 physical custody, you will likely have to pay child support and possibly provide medical insurance for the children. To determine an approximate amount, go here: https://services.georgia.gov/dhr/csp...ic/SupportCalc

In Georgia, if a child is 14 or older, he or she can determine with which parent he or she will live. At the age of 11, the court will consider the child's desires when determining custody.
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Old 2nd June 2011, 4:30 PM   #5
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Most divorces do not end up with the type of split custody you are referring to when you say one week with you , one week with mom.
Unless the divorcing couple is unusually and demonstrably amicable , judges do not find it in the best interest of the children to split the custody in that way.

In most states you will be eligible for joint custody which can include giving both parents equal rights regarding major decisions for the children such as medical & relocation, but in my state joint custody does not mean equal physical custody and does not affect a child support award.

Your father in law can scream you water boarded her if he wants to but unless there is documented proof of domestic violence or abuse...it doesnt matter. People try that stuff all the time.

The more hostile a divorcing couple is the more likely a judge will find it in the best interest of the children to award physical custody, possibly sole custody to one or the other parent - simply to make the kids life more free of threats and disturbance.

Get an attorney and shoot for shared custody with a ruling that she cannot move out of a 100 mile radius.
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