Lilburn, GA asked in Child Custody for Georgia

Q: What does it mean when the standing order states neither party can willfully take the child out of the jurisdiction?

I divorced my ex husband, and I am primary custodial parent. Our divorce is in GA. In our papers, it says neither party can take the child more than 100 miles outside of the county without giving the other party notice and providing contact info. (Visits, vacation, etc…) I’ve been traveling that past couple years back and forth to Alabama because I was in a new relationship. (the town is less than 100 miles so I didn’t inform)…well, I got re married to this man, and I gave my ex a 30 day notice of my intent to move.. (our new house is less than 100 miles from where he lives, and it’s in Alabama). He has now filed for primary custody, so there is a “pending litigation” now in court. A standing order was issued that neither party could take the child outside the jurisdiction of the court. I am remarried, and have full time step children. My current husband has full custody of his kids. Does this mean I cannot visit my husband and step kids in Alabama while this case is pending?

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3 Lawyer Answers
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: In general, the standing order is to prevent permanent moves, not vacations. If you are going to Alabama and back during your parenting time, it should be fine. But, consult with an attorney about filing a defense to the case.

V. Joy Edwards
PREMIUM
V. Joy Edwards
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You should still be able spend time with you new husband in AL. With situations like yours, we generally file a Motion to modify the standing order so it's clear that you are not in violation. Your situation sounds complex enough that you should not be trying to proceed without legal representation.

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

A: You won’t be able to make a move, but you can take trips outside of the area. You may want to consult with an attorney who can review the documents and facts of your case and provide you with guidance. That way you won’t be in contempt.

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