Legal Question in Family Law in Georgia

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?

Asked on 9/12/13, 8:25 pm

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

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.

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, 6:37 am

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