Legal Question in Family Law in Georgia

GA temp custody abandonment

My wife and I recently moved to GA Aug. 1st with our 9 month old son--name removed--I could go to school. She's been unhappy for months, even before the move, and she's recently stated since the move from IN to GA, she may decide to move back to IN in December. Because we won't legally be residents until some time in January can she legally take our son from our new home back to Indiana without my consent? If she does, what can I pursue legally for temporary custody having not being a resident of GA for 6 months?


Asked on 8/09/07, 1:56 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: GA temp custody abandonment

You can file a Petition for Separate Maintenance. This is very similar to a divorce but there is no six month residency requirement. The court in GA will then have jurisdiction over the child. This is complicated. Consult with a local attorney.

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Answered on 8/09/07, 11:41 am


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