Legal Question in Family Law in Georgia

Can the mother take a child out of state before divorce takes place?

I have a friend who told his wife that he wants a divorce; immediately her first response was that she's going to take their child and live in her home state of MI (they currently live in GA). This has become her trump card throughout any discussions they have-- her way to gain control because she threatens ''I'll take your son and leave!''

Is she bound to stay in-state until they are divorced and a custody agreement is reached? Even after that, would she be able to move several states away if she wanted?

Thank you.


Asked on 7/24/07, 4:18 pm

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

Re: Can the mother take a child out of state before divorce takes place?

Many courts in GA have what's called a "Standing Order", part of which forbids either party from removing the children from the jurisdiction. It does not require a court hearing and can be requested at the same time the husband files. However, he needs to move ASAP so that she gets served with a copy of this order before she moves. Consult with an attorney.

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Answered on 7/24/07, 4:59 pm


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