Legal Question in Family Law in Georgia

Hello,

I want to get a divorce from my husband due to cheating and I live in Georgia. We have a two year old and I told him that we were going to go to Cali where my parents live so I can get the help I need. Now he's trying to say that he didn't know and I don't have his permission and if I'm not back by Monday then he's going to file kidnapping charges on me and my parents. Can he do this? Especially when he knew and he told me a couple of days ago to come and get our things and if they're still there by Tuesday then he's going to throw our stuff away. So that proves that he knew about us leaving but he's trying to say he's changed his mind.


Asked on 4/17/16, 11:06 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You need a lawyer (as in yesterday!) Get one Monday. Do NOT leave the state without seeing the lawyer. While the bully, your husband, is either ignorant or a liar (no he can't charge you with kidnapping), absent a court order, he has the same custody rights you do, meaning he can grab the kids and run as easily as you can. And later, since most judges will be furious that you took children that far from their father, when this does go to court, your bad decision could cost you custody. While you do not need his permission to move, the courts will review the decisions each of you make about children, and for the first six months after he move, the law will force you to deal with Georgia's courts in any custody dispute, nearly impossible and expensive after you move away. So be smart, he can't evict you anyway, and plan every step properly with the best lawyer you can afford.

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Answered on 4/17/16, 11:19 am


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