Legal Question in Family Law in Georgia

Re: seperation and child custady

In Georgia, the term "legal separation" is more colloquial than legal in nature. All states except Delaware, Florida, Georgia, Idaho, Mississippi, Pennsylvania, and Texas recognize legal documentation of separation. In Georgia there is no such thing, although you sometimes hear Georgia lawyers misuse the term.

Georgia does have a rarely used action called separate maintenance where you are already separated and sue for alimony and/or child support. Since that is temporary, and a divorce makes you start over, it is usually not used as it may double your legal fees.

In family violence situations, a judge can issue a temporary protective order that makes a temporary ruling on support and related issues.

In most cases you would seek custody in a divorce. That is something you should hire a lawyer for. It can be very fast (31 days) if both parties fully agree on the terms, but will take months or even years if there is no agreement.

Re: seperation and child custady

The legal term for what you are seeking is a Complaint for Separate Maintence. It works exactly like a divorce, except that you are not asking for a divorce, at this point. It addresses the same issues as a divorce, e.g., child custody, child support, divsion of property, etc. You should consult with a local attorney about the process.