Legal Question in Family Law in Georgia

Moving

Can my wife take and move to another state with my children while still married and no separation has taken place?


Asked on 2/13/07, 7:12 am

3 Answers from Attorneys

Stephen Worrall The Manely Firm, P.C.

Re: Moving

Yes, because both of you have equal rights to the custody of your children unless and until a court order is entered that changes that. If you have lived in Georgia for over six months, then this State has jurisdiction over the divorce and over the issue of custody of the children. You should not delay, though, in filing for divorce and custody because the longer she is out of the state with the children, the more likely another state will acquire jurisidction over the children's custody determination.

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Answered on 2/13/07, 7:53 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Moving

Yes, but if this happened less than six months ago, you can still file for divorce, including custody and visitation, here in Georgia, as it retains jurisdiction over custody for the first six months.

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Answered on 2/13/07, 8:12 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Moving

You need to retain an attorney to file an action ASAP. Because your wife is out of state and service will need to be accomplished it is not a good idea to try to handle your case without a lawyer.

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Answered on 2/13/07, 10:31 am


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