| Posted: Sun Mar 7th, 2010 01:22 am |
|
1st Post |
Dishguy07
Member
back to top
|
I have been dealt a horrible blow by the Floyd County Superior Court under the auspices of "the law" but all it is is a horrible miscarriage of justice and a judge who was simply so lazy that he used this excuse to make this case go away because he had so many cases on the calendar.
I am a father of two young boys, who is divorced from their mother. She and I share joint legal custody of my two boys and from 2005 until August 2007 I was seeing my boys on a regular basis. Visitation every other weekend, holidays, Father’s Day, their(s) and my birthdays, etc. She had filed three Protective Orders against me in a vain attempt to try and modify custody so that she could have SOLE legal custody. On each attempt the action was dismissed as baseless, and for lack of evidence, one being dismissed before even making it into court. The last order she filed was in May of 2007 and the judge warned her in open court against “trying to use the TPO system to try and modify custody” … he went on to tell her that if she wanted a modification of custody she would to retain an attorney and take the appropriate legal action like anyone else had to. That was on a Wednesday and he told her to have the kids ready for me to pick them up for my regular weekend visitation that Friday. I have not had them with me since that time.
From May 2007 she refused to allow me to see my children claiming she did not have to if she did not want to. At this time my boys were ages 7 and 3. I retained an attorney to file a Contempt action against her in Floyd County Superior Court. He told me that every other weekend when I was supposed to have visitation to go out to attempt to get the kids for my weekend visitation and if she did not show with the kids to have a police officer come out and document her refusal to allow me to exercise my right to visit with my children. I did this and each time a county police officer would come out, oftentimes resulting in “not so friendly” words being exchanged between her and the police. On one occasion she told the officer that I was trespassing and that she wanted me arrested. When the officer told her I had a legal right to be there per our divorce order, she became furious and asked for the officer’s supervisor’s name. The supervisor told her that I did in fact have a legal right to be there and told the officer to document her refusal to let me have my kids and for he and I to leave the premises.
On another occasion a Floyd County Police Officer got her on Dash-Board Camera telling the kids they were not leaving with me and laughingly telling my youngest son to stick his head out of their car window and “tell your daddy you’re not going anywhere with him”.
On still another occasion my childen’s grandmother told me not to bother coming out because I was not going to get them and that they were at Vacation Bible School. Still, I had the county police meet me where the kids were and the grandmother came out and began berating the police officer telling her how stupid she was and that the law didn’t matter and how “she, nor any law enforcement officer or judge would tell her or her daughter that I had any right to see my children”.
In August 2007 I found out that she was withdrawing my 7 year old from school and she, her husband and my two boys were leaving the state heading to Texas to “start a new life”. We filed contempt papers against her with the Floyd County Superior Court. It took us over a year of running around, phone calls, internet searches but we finally got her served, in Texas.
She eventually retained an attorney back here in Georgia who then filed a Motion to Dismiss in the case, claiming the Georgia court has “no jurisdiction over her in that she lives in Texas”. That motion was denied in September 2009. So we finally get our court date!!! March 4, 2010.
The week before we go to court her attorney files a “Renewed Motion to Dismiss” in the case reasserting lack of personal jurisdiction.
We went to court March 4th and the judge does a 180 and says in open court that he “reevaluated the Motion, looked again at the law and that while he does retain jurisdiction over matters relating to our divorce, custody, etc … the court did not have personal jurisdiction over her person living in Texas” and dismissed my case!!
Can you believe that!!! I have not seen my boys in nearly 3 years, she broke the law, violated our court order by moving out of state, not letting me see my boys, all the while I have had to continue to pay child support and carry insurance that she will not use, and when we get her served and in court the judge, because he has a full calendar, says he's dismissing the case. He is setting a dangerous precedent that any time a woman divorces her husband she can just move out of state and never have to let her husband see his kids again because hey, Georgia can't do anything about it because they have no "personal jurisdiction" over them!!!
If I break the law and get put on probation, turn around and violate my probation, then move out of state, is Georgia gonna say, "well, there's nothing we can do to him, we have no PERSONAL jurisdiction over him" ??? HELL NO!!! They're going to come get me and assert every kind of jurisdiction there is. Well, that's what should have happened in my case.
I have done nothing wrong, other than love my kids and want to be a good daddy to them ... God forgive me! And she has moved out of state, will not let me see them, talk to them, have any information regarding them, and when I take her to court, get her served and bring her on the floor before the judge he's gonna reward her for what she's done and dismiss my case. But let me stop paying child support and lets see how long it'll be before I get threatened with suspended license and jail ...
I want to know what any or all of you think about this ... and I hope none of you try and side with the judge, the law or my children's mother because she has no defense to what she's done and there is no excuse for the law or the judge
|
| Posted: Sun Mar 7th, 2010 02:02 am |
|
2nd Post |
Lumbee1
Administrator
back to top
|
That is so sad. I feel like if you are man enough to pay your child support then you should be able to see your children. My heart goes out to you. I hope you will be able to see your children soon and get this issue resolved. That is wrong for your ex to say you can't see your kids just because she says so without any reasonable explanation. Which there is always two sides to every story.....
|
| Posted: Sun Mar 7th, 2010 04:13 am |
|
3rd Post |
romegasir
Troglodyte
back to top
|
Dishguy.........if all that is true...........Name the judge..............do a letter to editor in RNT listing what you said in detail............print papers detailing what happened and listing the judge and put it under windshield wipers every chance u get..............
The judge is wrong on jurisdiction so file your appeal.................I've posted several times that ALL our local judges are lazy and biased in custody issues against fathers.............
Contact national fathers rights groups w your story.............contact Oprah, Today, GMA, dr phil etc...................most importantly DO NOT relax the pressure against your wife and the judicial system.....at all
Good luck......................
|
| Posted: Sun Mar 7th, 2010 12:45 pm |
|
4th Post |
TheSeer
back to top
|
I think the law requires you to sue somebody in the county and state where they live. That would mean you have to sue her in Texas. I doubt that the judge had any choice in the matter since if he ruled otherwise the Georgia Supreme Court would just reverse the judge and you would have spent all of your time and money for nothing. Judges are required to follow the law.
|
| Posted: Sun Mar 7th, 2010 02:04 pm |
|
5th Post |
ManinBlack
Guest
back to top
|
The Seer might be right, I have seen worse scenario's involving jurisdiction. However, If the parents both lived in Floyd County, the divorce was granted in Floyd County, the language in the Divorce gave visitation to the Father in Floyd County. Then it is my opinion that the Judge erred in not taking the Bull by the horns and making a decision to bring the case back to the jurisdiction where it was first entered into and adjudicated. My opinion only. Listen to RGS, he knows,,,,,,!!!
|
| Posted: Sun Mar 7th, 2010 03:02 pm |
|
6th Post |
romegasir
Troglodyte
back to top
|
TheSeer...........you are correct except in cases where there is an existing, enforceable order such as divorce, custody, protective orders etc....................what this Judge has done is ensure that any floyd county custody order can be subverted by moving to cedartown or anywhere else outside floyd...................
Had dishguy not paid his floyd cty ordered child support, I assure you the Judge would do something about it..........floyd county judges, when it comes to custody issues, are VERY serious about enforcing money issues, but care less about the right of a father to be involved in the lives of their children..............dishguy's case is emblematic........
The judge not only could force her to return and answer the complaint, he could actually issue an order for arrest for contempt................exactly what would be done had dishguy moved and refused to comply with child support....................
|
| Posted: Sun Mar 7th, 2010 04:01 pm |
|
7th Post |
TheShadow
"Born Free… Taxed to De
back to top
|
RGS, I agree that the judge should have jurisdiction over the contempt for failure to see the children in while living in Floyd County but, I have had several attorneys tell me that a judge can not make a custodial parent live in the State of Georgia with the children.
That is why it is wise to always place a provision in the paperwork as to how visitation will be handled in the case that the custodial parent and children move away. It is also my understanding that any modification of the custody order will now have to be done in the county of the state the child resides in.
I am not an attorney but these are things that I have been told. Alast though, you have to remember the old saying "How can you tell an attorney is lying?"
|
| Posted: Sun Mar 7th, 2010 04:03 pm |
|
8th Post |
toosavoter
back to top
|
TheShadow wrote:
"How can you tell an attorney is lying?"
His lips are moving?...
____________________
Text REDCROSS to 90999 to donate $10 to the Red Cross Nashville Flood Relief fund.
|
| Posted: Sun Mar 7th, 2010 07:56 pm |
|
9th Post |
USNavyVet
back to top
|
Wait....this entire story was played out by the man from NY that married a Model & she ended up taking her kid to Rio and the Fed Gov't got involved - same exact thing with te custody & out of state - anfd then country. It happens to be the order inwhich the DIVORCE WAS FILED & SHE HAS TO OBEY - TX or no. I think you need to get your attorney to step up. I dont remember the name of the case - but it was on20-20 or one of the shows & the pguy got Hillary Clinton involved at some point. I know its out of country - but same law. In my div - we had to notify the judge upon any action to move & then that would have set off a hearing. If her parents & such are involved in this - I hope YOU have used DFACS in this to get involved.
Sorry man, you ned another atty! I am praying you get to visit w/your children. I also pray all was well BEFORE & during the divorce; hell hath no fury like a womans scorn. What is happening to the kids is sinful.
|
ROP
back to top
|
I agree with RGS. I hate it for you, don't ask me my opinion about lawyers
|
Dishguy07
Member
back to top
|
TheSeer wrote: I think the law requires you to sue somebody in the county and state where they live. That would mean you have to sue her in Texas. I doubt that the judge had any choice in the matter since if he ruled otherwise the Georgia Supreme Court would just reverse the judge and you would have spent all of your time and money for nothing. Judges are required to follow the law.
If you go to sue somebody out of the blue for something, of course you have to go after them where they live. But when you are divorced here, your order is here, the order is enforceable here, the judge has jurisdiction over matters pertaining to your divorce, custody and all here, then if you violate that order you are under the jurisdiction of this court ... HERE! Just like I said, if I violate the law HERE, and am placed on probation HERE, and I violate that probation ... I can't just move out of state and Georgia say, "well, he lives in another state we can't do anything about his probation violation HERE ... " because I am still subject to the jurisdiction of the court HERE for matters of that case. Same thing applies. We were divorced here and our order is enforceable here so wherever she goes she is still accountable here if she goes against that order ... or she is supposed to be until the judge decided she doesn't have to be. And someone said "name the judge" ... fine ... it's Judge J. Bryant Durham, Floyd County Superior Court, Rome Judicial Circuit. And I am planning on calling Oprah and some of them. If you know of any Father's rights groups out there I would certainly love to have the names of the organizations. I plan on calling the WSB-2 Investigative Team and Channel 5, and if you have any other suggestions, please let me know because like you said, no one is concerned about the father's rights to see their children ... only that they pay their child support. I write a column in the Rome News Tribune (sorry folks, just an op-ed piece from time to time) about Law and Current Events (I have a degree as a Paralegal) and I have prepared one for this situation. But I want to get the word out. I want to get the laws changed.
|
USNavyVet
back to top
|
I pray that the laws can be ENFORCED, justly! I used to go to "dadshouse@yahoogroups.com" to discuss things, especially before $lawyer$ vi$it$. We did not have the judge you have, but I will say the upposing lawyers made things very difficult to where I had to say Contempt & $3,000 or $ettle. I think prayers will go out for you, my friend, and your child, as well as God's mercy upon your X & for whatever reason there is such open resentment & what sounds like seething vengence, that she settle that herself & see the need for her child to see their father...
I will be looking for your article.
|
Thatguy67
back to top
|
wouldnt it be right to let the kids decide if they want to see their father or not, that would make more sense.
|
DickDasturdly
back to top
|
DISHGUY...I have seen mine once in three years...and it cost me $1000.00 for a lawyer and I only got them for 8 hours that day...My ex would make yours look like an angel from above.
THATGUY67: Mine keeps them away for convenience (it's a pain for her to meet me~she hooked a millionaire and they travel ALOT) and to brain wash the kids. They knew that "mommy moved in with a man" but they were coached to say that they lived with a lady named "Stephanie"...
and the only safe way to not get caught was to keep the kids away so that they can't let anything "slip"...and to turn them against me. She told them lies about me to justify her actions (Three marriages in a three year span--meaning at least SEVEN different school systems. I and my family have spent thousands to get the right to see them...no justice as of yet. She doesn't even allow phone calls. I have no clue if they actually receive the cards, letters and gifts that I send...actually, I think I DO have a clue!
The fact is money is the only thing that is important to the judges. I too never miss a CS payment and I pay for insurance...and CS did not reduce when I was furloughed by the state...
You DO NOT want to be a father in a divorce case in Georgia.
Think about this...In 2005 or so the Chicago Bears star linebacker (and millionaire) Brian Urlacher fathered a child. He was ordered to pay $2000.00 a month in child support. I am no millionaire (I work in education)and I pay over $1000.00 a month...something there doesn't quite compute...especially when I would hear about the ex buying a $2000.00 purse, $300.00 jeans (even the kids wear "only" the $200.00-$300.00 variety) and opening a Tequlla bar/Taquiria restraunt in Alpharetta!
Meanwhile...I miss my kids and wonder just what all she HAS told them in addition to the lies that I know about...I wonder what they think about me?
I kinda hope the batch or one of her acquaintances reads this...I'm sure her lawyer will be in touch with mine ~ as always!
|
| Current time is 09:31 am | Page: 1 2   |
|
