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| Title: | ARCHIVE-- Topics of Interest to Women, Volume 2 --ARCHIVE |
| Notice: | V2 is closed. TURRIS::WOMANNOTES-V5 is open. |
| Moderator: | REGENT::BROOMHEAD |
|
| Created: | Thu Jan 30 1986 |
| Last Modified: | Fri Jun 30 1995 |
| Last Successful Update: | Fri Jun 06 1997 |
| Number of topics: | 1105 |
| Total number of notes: | 36379 |
668.0. "Illegal Custody Change?!?" by COMET::HENNINGER () Fri Jun 23 1989 10:47
The potential exists now for a custodial parent to lose those rights.
I wish to point out that within the state of Georgia, IF
1. a child is sent to visit in accordance with another state's court order,
the original state where neither parent is currently living
2. the child and the non-custodial parent refuse to follow through on the
prior travel arrangements
3. the custodial parent takes the non-custodial to court for return
THEN a precedence now exists for the trial judge to determine:
1. GA may take jurisdiciton in contravention to the UCCJA.
2. The non-custodial parent may be awarded custody without ever filing
a motion for change.
This was essentially the determination in my case before Judge Land, now
retired PTL, and upheld by the appeals court.
On principle, I would want to appeal to the state supreme court; however, the
$10K+ cost seems too formidable to bear.
I have contacted several father's rights groups and have until June 29th to
file a notice of intent to appeal.
At this point, I am looking hard at what my real feelings are:
1. Do I really want to force my rights on my sons who react so negatively to
me ( hanging up after saying 'I'm busy.', etc)?
2. I fear for the safety and development of my 6 year old from my second
if either son were to return for a visit. She is the only one with a positive
self image of the four between the three marriages.
3. My ex refuses to cooperate on visitation. Last Christmas cost $2000 in
court and lawyer fees alone; not counting emotional costs on all. And she
has not responded to letter requests for this summer.
4. I have recommended my sons should S**T or get off the pot, by filing for
an adoption by their stepfather if I and their stepmother are so bad.
Don who believes the laws exist to direct our dealings fairly but who finds the
courts against him when he files an action
| T.R | Title | User | Personal
Name | Date | Lines |
|---|
| 668.1 | I wonder why? | WOODRO::MSMITH | Tell it to the judge! | Fri Jun 30 1989 16:32 | 4 |
| I find it interesting that no one here in womannotes chose to respond
to your heartwrenching situation in any way.
Mike
|
| 668.2 | I hope you can visit them | COMET::HULTENGREN | | Fri Jun 30 1989 18:33 | 48 |
|
I am divorced and have custody of both children from each divorce.
I realize that I have made some mistakes in chosing mates in the
past. My oldest daughter was two when the divorce was final. My
ex had demonstrated that he could not be responcible for the care
of a small child during our marrage and for that reason I asked
for Sole custody. I felt at the time that I would be required to
allow her to visit and did my best to be fair and still be able
to see if she was physically ok. i.e early visits even to out-of-
state was short and I had one day each week that she was gone were
I could visit and *SEE* how she was doing. Never needed to use it
though as he refused to pay child support and cant afford the air-
fare.
She has seen her father twice since she was two both time I arrange
the visits and the first time I was not sure she would be on the
plane when it landed. She was though. As she has gotten older I
have taught her how to call home from any where. When she was five
I was worried she would not know how to reach me. It never occured
to me that she would not want to come home. I know that If I had
to deal with the custody dispute I would feel useless. I had always
felt that if she could feed herself(find food in the house and prepare
it) and know how to call for help she would be ok.I dont know what
I would do if that wernt the situation.
This last Christmas we were in my-ex's city of residence and tThen
we told her that she would be able to visit Dad for the day.
She got to see where he lived(a rooming house with a bath down the
hall) and where he works(MACDONOLDS). At this point if she choose
to live with him and (I have pointed out that he can barly take care
of himself much less any one else ) That would be between him and
her and she would always be welcomed back for a visit or for a while.
She is 10 and going on 30 I have been honest with her about the
reason we were divorced (We couldnt get along and the rest is between
him and me and we live you very much).
I realize this dosent offer much emotional support and I know I
would worry contantly about her as I feel that he is not capable
of taking care of anyone as he cant take care of himself.
I havent answered sooner because I have spent the last three weeks
tryin to catch up with this file and finally set seen to the 15
of june. The line being down and children getting to bed at the
right time has also helped. now I going on vacation and wont be
near my terminal at home for two weeks. I guess I be behind again.
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