Legal Question in Family Law in Georgia

Still Married Who Has Custody?

I am still married although my wife and I live in separate residences. She filed and was awarded child support for our three children in September 2007. For the last two weeks, one of my children have been with me because she says three kids are too many. I have put him in daycare because he is 3 years old. I asked her to call child support and say he lives with me. She is concerned about getting less money so she stated that she will come get him. She has disciplinary issues with him and I do not. Can I retain custody of him without dealing with any kidnapping issues? Isn't it correct that until we are divorced, I have equal rights to custody because we are still married and he was born while we were married? Please advise.


Asked on 10/23/07, 10:41 pm

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

Re: Still Married Who Has Custody?

I assume from your question that a divorce is pending. To protect yourself, you should file a Motion to Modify so as to get the judge to approve the change of custody for this child.

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Answered on 10/24/07, 4:27 pm


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