Legal Question in Family Law in Georgia
Going to divorce husband, can I take my kids to another state before it's done?
We live in Georgia, have two kids (3 years and 6 months), and have been married for 4 years. I want to leave my husband, but have no friends or family that could help me financially here. I am a homemaker and my husband doesn't allow me any money to save. If I leave him, I would have to go to Florida, where I have family. I have nothing here. I want to know what I need to do before I go so it doesn't work against me (as far as custody goes). Also, the one car we have was mine before the marriage so can I take it when I go? I don't think my husband will care if we leave, but I'm afraid his parents will. Is there anything legally they can do? How do custody hearings happen when parents are in different states.
1 Answer from Attorneys
Re: Going to divorce husband, can I take my kids to another state before it's done?
While you could leave the state, if a divorce happens in the first six months after leaving, it would be here in Georgia in all likelihood, which may put you at a practical disadvantage. If you wait longer, and at some point can file in Florida, their court costs are significantly higher than Georgia's.
If you think he may be fine with you leaving, perhaps you could discuss a settlement with him and do an uncontested case before you ever move. If you're in metro Atlanta and are considering that option, feel free to contact my office.
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