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Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience:  Over 22 years of experience in numerous states.
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Is it legal to move to another state with my 3yr old son pending

Customer Question

Is it legal to move to another state with my 3yr old son pending a divorce?
Submitted: 6 years ago.
Category: Family Law
Expert:  Lawdoctor replied 6 years ago.

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.

There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

If a divorce has not been filed and there is no court's order telling you that you must stay in Georgia, then there is nothing to keep you there. I would take with me any evidence that you have of his abusive behavior and the threats he has made. If you feel that he will become violent when you ask for a divorce and feel that your safety and that of your child are at risk, then you have no choice but to leave and go to your family. Also, your move it not punitive towards him, but to pursue a job and career so that you can provide a better life for your child.

The one drawback is that he can file in Georgia once you leave and bring you back for court hearings, and you will not be able to file in California for 6 months, so if you can established that you have 'resided in California for six months then file as quickly in California as possible.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

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Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.


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