Legal Question in Family Law in Georgia

Child Custody

alittle over a year ago I got divorced from my second husband, and at the time I was not working, I was still in college, and I was unsure of where I would be living but for the time had to move in with my parents in Hazlehurst. My daughter from my first marriage was going to school at that time and I didnt want to take her out of school, since I was unsure if I would be moving back to alma when I got a place of my own. So, for her benefit at the time I let her move in with her father so she could finish school and I let her stay there until I could finish school, get a stable job, and get a place of my own. I have had all of those things for a few months now, with a good income, but like before she was in school and I didnt want to move her in the middle of the school year. I was doing what I thought was best for her at the time. Well, now that the school year is ending this week, I want to move her back in with me in Hazlehurst. Her dad is pretty set against it but my questions is this... With no papers being changed and me still having primary physical and legal custody do I still have the right to get her and move her back in with me since she has been with him for 14 months? what is the best way to go about getting her back?


Asked on 5/15/08, 6:45 am

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Child Custody

Yes, you legally could just go and get her if you are the primary physical custodian. But, you really need to sit down and let an attorney know what all the facts are so that you can get some good advice. In a case like this you should anticipate that he will be filing for a change in custody and you want to make sure you go into court with "clean hands" and don't do anything that would jeopardize your case.

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Answered on 5/15/08, 10:02 am


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