Legal Question in Family Law in Georgia

want to move out of state

i am custodial parent of my children and i have a fiance, a home and a very good job opportunity waiting for me in georgia..i notified my exhusband that i wanted to move and gave him a real generous visitation proposal and after a month he said no to the move, my job i have lined is a management type job and they want me now..my question is he has been notified and even though he said no can i still move and come back for court or do i have to stay until it is over..if i move will i get into trouble by the courts or hurt my chances of having custody of my kids. many people said i can just leave since he has been notified. I don't want to do something that will hurt me and the kids in the end.


Asked on 1/11/04, 9:29 am

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: want to move out of state

You must place the court that granted your divorce on notice. Your former spouse must receive service on this and then he will have the opportunity to object by filing his objection with the court, not just telling you that you cannot leave. If he does file an objection, the court will set a hearing and listen to your reasons for the need to leave and his for the need that you stay here with the children. The court will then make a determination as to what is in the best interests of the children. Contact your divorce attorney for assistance with this or retain another if you wish. In any event, you must not remove the children from the state without first receiving the court's consent.

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Answered on 1/11/04, 8:06 pm


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