Legal Question in Family Law in Georgia

children/custody

My wife took my two kids to pennsylvania to stay with her mom for, it was supposed to be for a 1 month. Its been 6 months now and I ve seen my kids once in 6 months for 2 days. She lets me talk to them on the phone but she will not let me come and get them and to bring them to back to where i live in Ga. (where we all used to live before she left) What are my rights as a father . We are not legally seperated or divorced. We are still legally married.


Asked on 3/30/07, 6:47 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: children/custody

Since you sat on your rights for 6 months (during which you could have filed for custody or visitation here in Georgia), you likely now have to get a lawyer in her state. After 6 montsh residency elsewhere, that state likely has jurisdiction.

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Answered on 3/30/07, 8:14 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: children/custody

Consult with a local attorney. It is possible that you could prevail on the argument that she did not actually change her residence, but is only visiting her mother. You could file for divorce (or a legal separation) in the county of the marital home.

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Answered on 4/01/07, 2:02 pm


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