Legal Question in Family Law in Georgia

My husband and I have been fighting tremendously. He always tells me that if I leave he will take the kids from me. We have two children 2 and 5 months. If I leave and file for legal separation who would get the kids? I am going to my mom's in Florida as we are in Georgia and that is a lot of support for the kids and myself. My parents already said that they would help me take care of them that whatever I needed they would get. My husband said that since he has the place to live and a job that he will get the kids. Also, he has a criminal record of abuse and alcohol. He also has no license. Will all of this play into the custody battle? How much does it cost for a legal separation?


Asked on 8/04/09, 3:09 pm

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

Your husband is doing the typical male blustering. You need to file for divorce or "separate meanintence" in the county of his residence. Consult with an attorney in that county.

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Answered on 8/09/09, 3:19 pm
Paula McGill Paula McGill Attorney at Law

You didn't state where you reside in Georgia. I agree with Attorney Field, it is not guaranteed that your husband will get physical custody of the children. Moreover, his record may work against him. You need to contact several attorneys in your area, read the proposed contracts at home, ask questions, and select an attorney. You should feel comfortable receiving advice from the attorney and providing very personal information to your counsel. In Georgia, I am based in Kennesaw and have a family law practice.

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Answered on 8/09/09, 5:15 pm


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