Legal Question in Family Law in Georgia

Taking my son...

I am currently married with a one year old son. My husband and I have been having problems, and I'm considering taking my son to my mother's home in the next state. I reside in Georgia. My husband has told me that I am not legally allowed to take my son to another state. We are not currently legally separated or divorced. Can someone please advise me of my rights?


Asked on 5/21/08, 9:45 am

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Taking my son...

I know of no law that would not allow you to leave the state. You have a right to live wherever you want. However, both of you have equal rights to the child, therefore, you do not have a superior right for custody of the child. Your husband's remedy, once you left, would be to file for divorce and try to get custody of the child in Georgia because he can file within 6 months of your leaving. If you are in another state, you would be in an inferior position to contest it. Custody cases can be very, very, expensive, so you should work with your husband and try to resolve these types of issues before you leave.

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Answered on 5/21/08, 10:00 am


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