Legal Question in Family Law in Georgia

If a mother has primary custody of her minor-aged (under 12 years) children, can she legally move the children to another country (the U.K. ) where her new husband is a citizen? The mother receives no alimony, and cannot support herself and continue to be the stay-at-home mother that she's always been.


Asked on 3/06/13, 8:17 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The answer depends on things you omitted - such as the language of any custody order and where it was granted.

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Answered on 3/06/13, 8:48 pm
Harold Holcombe Harold D. Holcombe, P.C.

Your divorce/custody order determines everything. Read it. Usually there's a provision that you have to notify your spouse of your intent to move within a specified time frame. This gives him time to file a case to change custody or visitation. Generally, you can move anywhere you like, but the children are affected too, so they may elect to stay, depending on their ages. You should seek the advice of an attorney who might be able to help you avoid expensive litigation and headache by resolving the issues early before you move.

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Answered on 3/07/13, 5:34 am
Tahira Piraino Tahira P. Piraino

Under Georgia law you are supposed to provide a 30 day notice of your intent to move which is to include your new address. The father has the right to file a modification and request custody and/or a change in the parenting schedule. You need to take your custody order to a family law attorney and have it reviewed. I would not make the decision to move until you understand the risks.

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Answered on 3/07/13, 7:55 am


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