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.
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