Legal Question in Family Law in Georgia
My ex wife is moving to texas without my consent and we have joint custody of 15 and 16 year old kids . Can she just leave?
2 Answers from Attorneys
No one here can answer you as no one has read your divorce papers (which contain by what they do or don't say the answer).
Call the attorney who represented you in the divorce.
The fact that you are divorced presumes that you had a divorce attorney. If he or she is still representing you, then its not ethical for me to intervene. If the divorce is concluded, you might want to talk with your prior lawyer as he or she is familiar with the case. However, if the representation in the divorce is over, the answer is no.
But review your divorce papers and see if they address relocation. The law changed a few years ago in Georgia so I am not sure when you were divorced and if your papers refer to the old law or the new law. They should indicate that the custodial parent has to give the other parent notice. If the parties cannot come to an agreement, then the non-custodial parent should file a petition with the family court. The petition asks that custody be transferred from the custodial parent to you. At the hearing on the petition, both sides get to present evidence as to whether it will be in the child's best interests to relocate. The mother's motives for the relocation will also be explored. I recently reviewed this matter for another client and there is no hard and fast rule. Each case turns on its own set of unique circumstances. You should contact a family law attorney now.