Legal Question in Family Law in Georgia

My wife wants to take my daughter to california, we are not divorced yet just separated, can she legally do this? we live in ga


Asked on 11/04/11, 11:15 am

2 Answers from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

As long as you are legally married you both are parents with custody and can do as you like with the children. I would advise that you seek counsel as it appears that you need to file an divorce or separate maintenance action immediately to get court intervention to ensure that your custodial rights as a father can be utilized. Once under a court order it would be unlikely that she could move without permission from the court.

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Answered on 11/04/11, 11:29 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Absent a court order she can carry the child (or move) anywhere in the world.

The only way to possibly prevent it would be to obtain a court order in a divorce or separate maintenance case, so you need an attorney immediately.

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Answered on 11/04/11, 1:18 pm


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