If I need to establish residency in the state in which we’re currently living prior to filling for divorce, can my children’s mother take them out of the state without my permission?

Asked on August 1, 2015 under Family Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Until there is some type of court order in effect or a divorce has been filed, then your wife as the right to take them wherever she wants. And if she takes them back to the state where she still has residency, then she can file for custody there. She may not get sole custody, etc (the judge will need to decide) but she can have the proceedings conducted there and you will have to return.

Right now you should consult directly with a divorce attorney as to your rights. They can best advise you further.

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