Monroe, GA asked in Divorce, Family Law and Child Custody for Georgia

Q: Can my husband take our 2 children to another state without my consent and after I have contested it in court?

He is the primary custodial parent only through a temporary custody order.

3 Lawyer Answers
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: It is unclear from your question whether he is taking the children temporarily or moving permanently. Typically, if a case is pending the standing order will prevent a parent from permanently removing the children from the state of Georgia during the pendency of a divorce or custody action. However, the standing typically allows for parents to travel outside of the state for short trips or vacations while the case is pending without the permission of the other party.

Homer P Jordan IV agrees with this answer

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: There isn't enough information to answer. Depending on the status of the case and / or whether or not a standing order is in place, he may be able to move. You need to speak with an attorney about perhaps filing a motion to stop the move.

Homer P Jordan IV agrees with this answer

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

A: More details would be needed to provide you with proper direction. You may want to consult with an attorney who can review the details and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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