Legal Question in Family Law in Georgia
Can a parent leave the state with the child before the divorce is final?
My friend has told his wife he wants a divorce and her first reaction was to threaten to move several states away with their son. Would this be considered kidnapping? What about after the divorce and a custody agreement is reached-- would she be able to decide to move more than 100 miles away? This is in the state of GA.
Thank you.
3 Answers from Attorneys
Re: Can a parent leave the state with the child before the divorce is final?
It is not kidnapping at this point because she has equal rights to the child. After the divorrce, the decree will control. Consult with an attorney.
Re: Can a parent leave the state with the child before the divorce is final?
Either parent can go anywhere they want with a child unless there is a court order granting a party custody.
In most divorces a parent would be free to move more than 100 miles from the other.
Re: Can a parent leave the state with the child before the divorce is final?
I should add that once a divorce is filed, most courts have a standing order that will prohibit either party from removing the child from the jurisdiction of the court until the court makes a ruling.
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