I am military and we live in Georgia now. My residency is in Ohio. If me and my wife separate can she take our daughter to North Carolina where she is from or does she have to keep our daughter here in Georgia?
1 Answer from Attorneys
If a divorce is filed in Georgia, the court will issue what is called a "mutual restraining order" which prevents either party from selling assets or removing the child from the jurisdiction of the court. Prior to the filing of a divorce, she can do what she wants, but it may come back to haunt her if she leaves the state with the child. However, you should speak to an attorney about your current situation to determine if, being a resident of the state of Ohio, you can even file here and, if venue is proper in Georgia, how long you would have to file after she left in order to retain jurisdiction.
The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.
Related Questions & Answers
My husband, me, and our son are all dual citizens in germany. my husband was born in... Asked 9/12/13, 5:26 pm in United States Georgia Family Law, Divorce, Child Custody and Adoption
My 13 yr old son who lives with his father sent me a message saying his dad beat him... Asked 9/12/13, 4:37 pm in United States Georgia Family Law, Divorce, Child Custody and Adoption
My girlfriend has been divorced from her ex husband since September of 2000. In her... Asked 9/12/13, 8:18 am in United States Georgia Family Law, Divorce, Child Custody and Adoption
I have a child support order in place. My son's father is $11,000 behind and has... Asked 9/11/13, 1:19 pm in United States Georgia Family Law, Divorce, Child Custody and Adoption
If you are paying child support, and the individual receiving child support moves to... Asked 9/11/13, 1:19 pm in United States Georgia Family Law, Divorce, Child Custody and Adoption