Legal Question in Family Law in Georgia

My husband, me, and our son are all dual citizens in germany. my husband was born in germany and is a citizen born abroad, while my son and i are u.s. citizens brought into germany through him. We are married in the usa and germany. We live in ga and was married in sc and i know that when we divorce my husband will move back to germany. im scared that when i do leave him he will try to take our son with him. i dont know anything about setting anything up for a divorce or custody battle, and anyone i can talk to has never dealt with dual citizens. i have no idea what to do or how to go about it. i dont know if dual citizenship will have anything to do with it at all and i dont want to take our son from him i would still like for him to see his father and family in germany but i dont want him to run with our son or not send him back to me when he visits.. what do i do??

Asked on 9/12/13, 5:26 pm

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

If you are a citizen of the US and are both residents of the state of Georgia for at least 6 months, you can file for a divorce in the State of Georgia. If you file, you will want to have a "mutual restraining order" entered whereby no party can remove the child from the jurisdiction. Given your fears about and his ability to leave, you should consult privately with an attorney in your area about filing and gaining temporary custody of your child to prevent him from being able to take him. Also, if your son has a passport, keeping that safe can prevent your son from leaving the country as well.

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:

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Answered on 9/13/13, 6:40 am

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