Legal Question in Family Law in Georgia

hello,, i am seperated from my spouse, she has moved out of state with my 3 minor children! she refuses to allow me to see them. under both georgia and florida law, she is breaking the law! is it possible to file charges against her for interference with child custody on my own,, or is this something that requires an attorney?


Asked on 5/05/10, 5:05 pm

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Based on what you have said, I don't see any law that she is broken. Consult with a local attorney ASAP so that you can file a petition to resolve custody while you can still arguably take the position that she is still a resident of GA. Of course, my answer is based on the fact that you didn't say there was a court order in place giving you custody. If there is, my answer would be different. Even if there is, get a lawyer.

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Answered on 5/10/10, 5:19 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Nothing in your post reflects her breaking any law (absent a court order she can go anywhere she pleases). The fact that you are wanting to pursue a criminal remedy which is not appropriate underscores that you need a lawyer and should not do anything without counsel.

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Answered on 5/10/10, 5:47 pm
Paula McGill Attorney at Law

Did you have a visitaton order? If so, you can file a motion for contempt in the court that issued the order. Also, you should act quickly to change custody or increase visitation (assuming there is already a Georgia order in place).

You should consult with an attorney to form a strategy to allow you to obtain custody or obtain visitation.

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Answered on 5/11/10, 9:42 am


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