i called my girls as i do every sunday night but making this phone call made me nervous.  i was trembling and afraid to hear the worst.  i spoke to my oldest daughter first.  the first 10 minutes was filled with nothing but her complaining about being in trouble "for the stupidest things" and that they bought her school clothes that were 2 sizes too big and complaining about this and complaining about that.  now, knowing that her dad took her to have her shots for school on friday, alerted me to the fact that he has no intentions of returning the girls to me after summer.  in all my nervousness, i asked her if she was ready to come home in a few weeks.  she said, "i don't know".  she mentioned how the girls at school here are only focused on the brand names other kids wear and "that's so stupid".  while i agree with this, you can't tell me that the girls in georgia don't care if they wear abercrombie.  i'd had this talk with her last year also.  she doesn't come right out and tell me that she doesn't want to return home.  she doesn't come right out and tell me she wants to stay there.  she's tired of being in trouble and blamed for everything yet doesn't realize that nothing will change once school starts.  i tell her to keep her chin up, i love her and miss her.  she puts her sister on the phone.  i am doubly nervous because if my oldest wants to stay, i'm afraid i've lost them both.  my youngest told me she wants to come back home.  i almost started crying on the phone.  i told her that she made me very happy. 

now, what would make me most incredibly happy is to have both my girls here.  this is what i want most in the world.  if my oldest feels what would make her happy is to stay in georgia, i don't know what else to do.  we've had this happen before.  she lived here for 2 years before wanting to go back to her dad's.  she went back.  it lasted 4 months.  he couldn't handle her.  at the end of the 4 months was summer break.  when we met at our halfway point so he could pick up youngest daughter, he dropped oldest off with me.  he told her didn't want her there for the summer.  no doubt her feelings were crushed.  i know that we should have never opened the door to allow her to make such a decision.  no child should have to be burdened with such a decision.  her happiness means the world to me and i can't take that away from her if she feels it is what she wants.  the decision wasn't taken lightly.  she had to make a pros and cons list of both places.  she had her mind made up and she wanted to leave.  i hate that i opened the coming and going door. and who knows, she has 3 weeks to change her mind.

tomorrow i need to call my attorney. 

i received the motion to dismiss.  he filed based on the divorce papers stating: 

it is ordered that father, as a parent and joint manage conservator shall have the following rights and duties:

1. the exclusive right to establish the primary residence of the children without regard to geographic location.

he is also stating that i am obligated to pay him child support, as well as his legal fees.  he states that because he is a resident of another state, the florida court lacks subject matter jurisdiction and that the children are residing with him.

i read line item 1 and see it as yes, he has the right to establish primary residence of the children, which he did in allowing them to move here to live with me.  in doing so, he DID establish their primary residence.  am i wrong in thinking this?  is it possible that this means, he has the right to establish primary residence of the children and move them around at his whim?  So, yes he gave permission for me to raise the girls but he is entitled to move them and then move them again and again?  perhaps i am not making sense.  i know what i mean but the ability to translate it from my mind to blog is just not happening at this moment. 

it is also bullshit that "the children are residing with him".  the girls are VISITING him.   i was wrong that my oldest has been here almost 5 years.  i moved here september of '04.  she came december of '04.  regardless, she has been here almost 4 years!  i cannot recall at this moment when my youngest moved here.  i'll have to do some research of my paperwork to get the exact date.  my mind is a cluttered mess.  anyhow, the hearing for the motion to dismiss is august 4th.  i wonder if he has to appear.  i will schedule an appt with my attorney soon before the hearing.  i hope she was able to find a loophole.  we are hoping that the florida court will dismiss his motion thanks to long arm jurisdiction.

my girls are supposed to return home soon but i don't think he is going to bring them back.  i think he is intending on keeping the girls with him.  he doesn't want them.  he paid them no mind until i took him to court.  i don't even think the girls know his intentions.  i wish i had known about all this.  if he doesn't let them move back home, then the last time i saw them was when i dropped them off.  i would have made our last days more worthwhile.  i know every moment spent should be worthwhile but i guess we don't really think about it until those moments are gone.

i miss my girls and need them back home.  it isn't about the money.  i'd take being the custodial parent and foregoing child support just to make it all go away.