Legal Question in Family Law in Georgia

Re: Canadian citizen

There may be a way that this can be accomplished. However, more facts are needed to make a final determination. Please contact my office immediately for further consultation on the matter.

Re: Canadian citizen

Your assumpptions about Georgia Law appear to be primarily correct (if you reside in Georgia for 6 months, Georgia will take jurisdiction of a divorce action). However, such jurisdiction may not be completely dispositive of child custody issues. This is because Canadian Law ( and law of the province in which you now have a marital domicile) may have a bit to say about the custody of the children.

Generally, either spouse in a marriage has the right to take the minor children with him or her, barring some court order to the contrary. Thus, you would seemingly be entitled to Georgia jurisdiction of your divorce action, including issues related to child custody if your children legally accompanied you in your move to Georgia, and took up residence in Georgia with you during the requisite period. In your case however, I suggest that you contact an attorney who can advise you of the implications of such a move under Canadian law. I am neither licensed to practice, nor knowlegeable about, Canadian law, which may in some way (and this is a totally hypothetical "if" from me) give your husband a say in the domicile of the children (and may support an attempt by him to obtain jurisdiction in a Canadian Court to enforce his own views on child custody). good luck. James Zito

Re: Canadian citizen

Based upon your description of the circumstances, child custody and support (together with moving the children to a different jurisdiction) are the issues that you are concerned about. My advice to you is to obtain the services of an attorney in your local Canadian jurisdiction to be sure that the move you wish to undertake complies with the law where the children now live. It would be wise that the Canadian attorney and the Georgia attorney communicate to each other regarding your circumstance so that the total advise that you are recieving will comply with both jurisdictions during the period of time while you are undertaking the move. Once that is accomplished and you move to Georgia, it will take 6 months to establish residency. Upon establishment of residency, you may be able to register your foreign jugdment (if you have one)and have the Georgia court recognize your rights and the rights of your children as citizens of this state. I would be very interested in assisting you and your Canadian counsel with the issues that will be presented by your case. Please call or contact me via e-mail to discuss in further detail. Thank you.