Legal Question in Family Law in Georgia

My husband and I are in the process of getting a divorce. Nothing has been done yet though. He lives in CO and I moved back home to GA. He is coming to visit next week and I do not want him to be able to be around our daughter. He has not paid me anything and I have been gone a month and a half. How can I stop him from being able to take our child?


Asked on 8/29/10, 1:49 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

No Georgia court can grant a divorce to any person who has not been a resident of this state for (6) six months before the filing of the petition for divorce. With that said, even if you could file for divorce in Georgia, you will likely not be able to keep your husband away from your daughter (especially if it's his biological daughter). If the father is a physical threat to your daughter, you can have a TPO filed against the father that will require him to stay a certain number of feet from you and your daughter. Courts typically do not tie a father's ability to pay support to his right to see the minor children of the marriage. I strongly recommend that you hire a Georgia family law attorney to discuss the specifics of your case and your options/rights.

Best of luck.*******The above is for informational purposes only and does not establish an attorney-client relationship.********

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Answered on 9/03/10, 2:29 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

How long you have been in Georgia affects the answer.

If it has been less than six months, retain a Colorado lawyer ASAP. If it is at least six months, retain a Georgia lawyer ASAP.

Note that if you try to keep him from seeing the child based upon non-payment of support, you could greatly harm your case. The two issues are separate.

Absent violence, it is unlikely a court will do anything prior to a visit just days away, but the sooner you retain counsel the sooner you can protect your rights.

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Answered on 9/03/10, 5:56 pm


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