Santa Clara, CA asked in Family Law for Georgia

Q: Can a married mother with no court order leave the state to move to another state or would that be kid knapping?

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Regina Irene Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: It is not kidnapping. Both parties have equal rights to children while married. Either parent can move with the children. However, it is not a good idea and it's probably pretty bad co-parenting. If the spouse left behind files for divorce, they have an increased chance of getting custody because the other parent made a unilateral decision to move the children, which does not look good in the Court's eyes. An attorney should be consulted before any potential move to avoid issues in the future.

Ellaretha Coleman agrees with this answer

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