Legal Question in Family Law in Georgia

Temporary order issued by Judge

Last week I went to court to have a temporary restraining order put in place against my ex husband. He has in the time since our divorce threatened me many times. On this occasion he told my daughter that he was going to come take her. He has spent the last six years since our divorce in and out of jail, has provided no support, and was ordered in a modification in 1998 to go through anger management classes which he has not done. I have been the sole supporter, mentally and financially for our daughter. During the hearing the judge, after he told her I was moving, put a temporary restriction on me. I was told I was forbidden to move. I plan to move in February, I have quit my job, already bought a house in the new town. I am very confused about the judges ruling and would like any advice. What would happen if I moved? Would the state come after me or would my ex husband have to? What if I am unable to get a hearing before I move? Thanks in advance for any help.


Asked on 12/18/03, 6:07 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Temporary order issued by Judge

You should not be trying to handle this unrepresented. Too much is at stake. The judge cannot order you not to move and I seriously doubt that is exactly what the order says. More likely, it orders you not to remove the child from the jurisdiction without the permission of the court. That the court can do. If you defy the order, you could be cited for contempt, arrested and brought before the judge. Your child could end up temporarily in child protective services. Moving for you is not a good option regardless of the problems and inconveniences. Filing for a TPO against him was a good initial move. You need to also consider filing a motion for reconsideration of the judge's ruling on moving, a motion for contempt of court against your ex, and a motion to modify visitation to accomodate what is appropriate when people live in different regions. But to just move would not be a good move without addressing it.

If you would like more help, you can call me at (770) 534-1057, or e-mail me at [email protected].

Read more
Answered on 12/26/03, 2:19 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia