Legal Question in Family Law in Georgia

Can I Leave the state with my son? What can I file to get temp custody??

We're not separated yet, no proceedings yet. I want to go to my parents in South Carolina.

There has been no physical abuse, but unsafe circumstances exist in the house.

What can I file to get temporary custody of my son?

And if I leave, can he pursue kidnapping charges?


Asked on 7/26/05, 9:07 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Can I Leave the state with my son? What can I file to get temp custody??

At this point, you and your husband have custody of your son by virtue of the marriage, so either one of you can leave the state with your child without the other's permission. In order to obtain custody, there would need to be a divorce.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 7/27/05, 9:48 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Can I Leave the state with my son? What can I file to get temp custody??

You are free to take your son anywhere as long as you keep your husband apprised of where you are and how to contact you. The only way to get even temporary custody is to file for divorce and get a temporary hearing as soon as possible.

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Answered on 7/27/05, 4:10 pm


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