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Ask socrateaser Your Own Question

socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 36179
Experience:  Retired (mostly)
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Greetings, I just returned from Iraq, came home to reconcile

Customer Question


I just returned from Iraq, came home to reconcile after spouse had an extramaritial affair. Found that she is having another. There are 4 children involved. Spouse tells me to take the 2 older and leave. She then renigged. I called the police as a civil stand by as they gathered their things. I am in denver but reside in GA. I am planning on taking the boys to GA. Can i have legal problems from taking my children with me. There is no seperation,divorce or custody filed as of yet. Any advice?


SGT Cheated on Again
Submitted: 5 years ago.
Category: Family Law
Expert:  socrateaser replied 5 years ago.

Until the court makes orders concerning custody/visitation, each parent has joint authority to control the children's day-to-day activities -- meaning that either of you can relocate the children wherever you wish. However, if a parent starts a dissolution action or requests restraining orders from the court, then the court can order the children back to the family home -- or, make other orders as may be appropriate.


So, yes, you can take them, but you could be ordered to return them, too. It's also possible to get temporary orders in GA to prevent their return, if you can show that the children are being abused in their previous environment.


It all depends on what you can prove to the court.


Hope this helps.


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Customer: replied 5 years ago.

Thanks Sir,


Is it possible to file the Dissolution here in Denver before i leave for GA, and if so will the children have to remain in Denver until the divorce is complete?


I was thinking to file for the divorce and request an emergency custody..What would you advise?




Expert:  socrateaser replied 5 years ago.

You can file in CO, but unless you can show abuse of the kids, there is almost no chance that the court will let you take the older children back to GA with you. Courts try to maintain the status quo during the divorce process, unless there is a compelling reason to do otherwise.


The best thing that you could happen to you would be if you took the kids back to GA and the other parent did nothing for a few months, at which point a new status quo would be established. But, the risk is that as soon as you set foot in GA, the other parent files for divorce and the court orders the children's return.


That's why it's a toss up, because I can see different possible outcomes, but not enough knowledge of the various parties' dispositions to know what the more likely outcome may be.


Pretending for a moment, that I know nothing at all, I would say that filing in CO is a better plan, because it shows that you care more about the kids than yourself. But, that doesn't necessarily mean you will get the best outcome for yourself out of that decision.


How old are the two oldest, and are they male or female?

Customer: replied 5 years ago.

They are 11 and 9, male. As i stated before there are 2 more boys,twins, however there is a question as to if i am the father. I have filed for divorce on 2 ocasiones. The second in Florida in which she did no comply and the judge would not go further because she and the kids were in NC. Even tho she agreed to have the divorce in Florida due to no one year seperation obligation. Sorry for rambling on.


Per yer statement about filing in Colorado, thats exactly what i am afraid of. But the children have not been physically abused. It is Mom's party lifestyle, being exposed to her men friends and coming home intox and plain messiness and my kids wearing dirty clothes for weeks, kids being late for and missing school that bother me. The thing is we had agreed to have the oldest come with me and she told them to pack and go with me. I am hoping that she does wait a few months and does not file.


Should i file something in GA (if i make there) and what should that be?


Expert:  socrateaser replied 5 years ago.

You can file a petition for emergency temporary custody in GA (O.C.G.A. §19-9-64). But, you'll need to allege something more than a party animal. Otherwise, you may as well start the dissolution in CO, because that's where you will probably end up with the kids.


Age 11 and 9 is too young for the kids to make any sort of mature statement to the court about where the children want to live. Taking them to GA will just make you look bad.


Hope this helps.

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