Legal Question in Family Law in Georgia
My girlfriend and her soon-to-be exhusband are "legally seperated". They live at two different addresses. He has consistantly stalled the divorce paperwork. Now he is claiming that if she takes their 5 year old son, as she does every weekend, to the lake he will call the police and have her arrested. Is their any way he can do that? Considering they are still married they both have custody.
3 Answers from Attorneys
If there has been no court order, she has as much right to the child as her husband. Call for a free consultation.
With the informaton you provided, both have equal custody. As a result, she can take him to the lake for the weekend.
She should think about filing a contested divorce and seeking custody of her son. In Georgia, you can file a divorce based on irreconciliable differences. She doesn't have to wait for him to agree.
If she wants to discuss this matter further, she can contact me at (770)367-1234.
I also practice in the Atlanta Metro Area.
10 Glenlake Parkway
Suite 130
Atlanta, GA 30328
NO; unless a court order says otherwise.
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