I need to file for a divorce. I live in Georgia she lives in Florida and against my pleads she took our children from their residence of three years in November 2011; they are 5, 4, and 2. I pay child support weekly through a mutual agreement. It's always on her terms when I can talk to the kids which is not often. She does not allow me to claim any of the kids on my tax return. I will be fair when it come to their relationship and I will share custody nut I would like physical custody.
If she moved the children from GA to FL, it is possible that some of your divorce issues are properly addressed in FL (like the custody and visitation issues) while other issues may be properly heard in GA (like property and financial issues). However, it rarely makes sense to spend precious resources fighting over jurisdiction (i.e. which state hears which issues) so you might decide to allow FL hear all of the issues (such as support, distribution of property, etc.) just to be cost effective since that is where your children have resided for 3 years.
Custody / timesharing issues are rarely cut and dried and are very much on a case by case basis. An attorney would need to hear your whole story, help you make practical decisions about the best way to proceed and help you pick and choose your battles. Unless there are safety issues, in FL both parents are given equal consideration as parents and courts want to do what is necessary for both parents to have a meaningful relationship with their children. That said, courts are often hesitant to change children's status quo unless there is good cause. The fact that your children have been in FL for 3 full years may weigh against convincing a judge to move them yet again back to GA. But again, individual case facts make all the difference in assessing these situations.
I hope this information is helpful. My office offers initial consultations which last 1 to 1.5 hours at a cost of $200 or $350 depending on which attorney you see. These can be conducted via telephone for those who are long distance. We practice in Orange, Seminole, Lake, Osceola and Volusia Counties. If we are not in the area where your children live, you should find an attorney to meet with who practices in that county. It may also be a good idea to meet with a GA attorney in your area to get a feel as to whether or not you want to have FL hear your financial and property issues as well.
Best of Luck!
Jennifer Frank
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