I need some help with Georgia Laws

[Nick_Tague]

I currently work as an employee for a Kuwaiti company in Iraq supporting our military forces in the war on terrorism and have been here for 3 years. The entire time it has been with the support of my family. But recently, financial issues have ccaused problems between my wife and I. She has threatened to leave and I know her well enough to think she would probably take my 2 daughters to California where her family is. There are alot of particulars to this equation that I can not get into right now but I really need to know right now what the laws are regarding her taking the girls out of state either prior to filing for divorce or after. Do I need to file first if I think it will inevatible come to that or does the court favor the defending parent. I must add that I do go home for vacation regularly and I have a great relationship with my girls.

I still love my wife very much...but as my mom taught me, hope for the best...but prepare for the worst...


I thank anyone and everyone in advance for your help and time.

[mistoffolees]

I don't know about Georgia laws (I suggest you contact a Georgia attorney). However, as a general principle, when you are married, either partner can travel throughout the US with the children without the permission of the other parent.

If she leaves the state, you will have a few months to file in Georgia and Georgia will retain jurisdiction until residency is established in CA.

Again, as a general principle, the longer a given situation is in place, the more likely the court is to leave it alone. Therefore, speed is of the essence. Once they're established in CA, enrolled in school, made friends, etc, it's more difficult for the court to order them back to GA. That doesn't mean that it can't happen, but it's much more plausible if it happens before they're established.

So see an attorney soon.

[Kent]

Georgia favors (as in most states) the person who files first, and the mother.
However, GA judges are not very keen on parents moving away.

If you file BEFORE she moves, you will need to ask for a non-moving clause in the temporary order, which you will get. I think it is standard in GA orders to automatically put that in.

If she moves first, then it is essential to file ASAP and demand the return of the children, which may or may not be granted.

What will work against you is that you work abroad. A judge will easily say that there is not much difference between a R/T flight Bagdad-Atlanta and a R/T flight Bagdad-LA or SF.
Also, if she moves, and you work abroad, where and who would the children return to? If it's not you, then they may not be required to return.

Which county is this?

Kent!