Legal Question in Family Law in Georgia

Divorce

My wife is an alcoholic and I am ready to divorce. I have a 3 1/2 year old. I have tried counselling with her about 1 year ago. She recently got out of rehab (started drinking again within 2 hours) she has passed out with food cooking and almost burned down my house, she has no job. How could I ensure that I get full custody? Her mother lives in another state and will more than likely die this week (cancer) hospice was called in today. If I attend the funeral with my wife in this other state, spending the night at her parents house, could I take my son and come back home without her, leaving her family to deal with her? Is this abandonment? what are the legal ramifications of this?


Asked on 4/06/07, 10:19 am

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Divorce

You can take the child and this is not abandonment as long as she knows where you are. It sounds like you are a prime candidate for full custody. However, all the facts need to be carefully explored and presented. Consult with a local attorney.

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Answered on 4/06/07, 10:24 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Divorce

It would be a good idea to start working with an attorney now, in order to safeguard your legal options. Often delays in hiring counsel result in greater expense due to mistakes that are made in the process of trying to obtain a divorce and custody absent representation.

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Answered on 4/06/07, 10:38 am


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