Legal Question in Family Law in Georgia

If ex spouse moves out of house and moves to different city can I move in the house and regain custody of my child? As to not disrupt his environment.

Asked on 8/25/13, 10:15 am

4 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

There is no possible way to tell you yes or no on a website, since there is much more to it that you posted. Call your lawyer to discuss.

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Answered on 8/25/13, 10:42 am

Glen Ashman Ashman Law Office

To rephrase your question: "Can I completely ignore the support, custody and property division provisions ordered by a judge, and not get in trouble?"

No! You can be found in contempt, jailed, ordered to pay the other parties' atorneys fees etc. Self-help is NEVER okay. If you wish to change a divorce order you must hire a lawyer, petition the court for modification, and abide by what the judge decides.

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Answered on 8/25/13, 10:51 am
Tahira Piraino Tahira P. Piraino

There are simply too many issues affecting the prior order to provide an answer. You really need to take your order to a family law attorney to discuss the issues. I would not delay if you want to have your child remain in Georgia. You need to file a modification and I would not suggest you try it on your own.

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Answered on 8/25/13, 10:55 am
Robert Gardner Hicks, Massey & Gardner, LLP

I agree with the others that you would need to hire an attorney and file a modification of custody and of the divorce decree which gave him the house in order to change anything. Let's say you move back in and your ex is gone for months. When he comes back and finds you there,who do you think the police will arrest for trespass when they read the only order the court has entered? In order to change the order, the Judge has to sign another order. Current circumstances only matter if you bring them to the court's attention in a valid modification action properly before the Court.

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 8/28/13, 1:35 pm

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