Thomaston, GA asked in Child Custody and Divorce for Georgia

Q: Can I move out of state with my children, if I’m leaving my husband. No divorce filed at time of move.

I would like to move with my family in Another state. Much better schools and job opportunities. My husband is financially and mentally abusive. Can he force me to move back to Georgia? Or to sign the kids over?

He has a family violence charge against us on his record from 2012 and pled guilty. Will that affect anything?

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2 Lawyer Answers
Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Although legally, you can move before the divorce is filed, it is often not the best choice. You both have equal rights. He has every right to take the children and move to another state himself. If you don't want that done to you, then you should not do it either. The proper way to handle it is to file for divorce and inform the court of why you want to move and your reasons, and they may allow it.

Homer P Jordan IV agrees with this answer

1 user found this answer helpful

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. He has just as much right to take the children and leave the state as you do. It's not advisable to do something like that. It is best to go through proper channels in handling the divorce and if you want to relocate. You should consider consulting with an attorney who can help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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