Legal Question in Family Law in Georgia

My husband and I have been married for 4 years we have two kids and one on the way. I want to separate from my husband and take my kids back to my home town of Tennessee. We currently live in Georgia. I'm pregnant and under a lot of stress because of him and his family. Is there any way for me to leave with my kids?


Asked on 9/26/14, 1:25 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Yes you can leave, but if you do, for the next six months, you will be defending any divorce he files in Georgia, and a judge will likely look VERY unfavorably at a mother who deliberately moves children away from the father. Be aware that if you do it, and there is no divorce, nothing stops him from picking the children up and keeping them from you. See a lawyer now, and do what the lawyer suggests.

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Answered on 9/26/14, 3:06 pm
Tahira Piraino Tahira P. Piraino

You can leave. The Judge will look at the circumstances surrounding your departure and may decide it was or was not justified. Normally the Judges do not like a parent taking off with the children, but do look at the underlying reasons. Georgia will remain the home state of the children for six months, and Georgia will have jurisdiction for six months. I urge you to speak with an attorney who can better advise you after hearing all of the facts.

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Answered on 9/27/14, 5:09 am


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