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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7430
Experience:  Just Answer consultant at Self employed
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My husband recently threw me and our three kids out of our

Customer Question

My husband recently threw me and our three kids out of our home a yr to the day he had his first affair. He is niw with anither woman after claiming we would be back the 10th and changed his mind to pack all our things and have me come get them. He is niw stating im keeping then from him but i have the best interest. For them because he hurt them before leaving. I wanna kniw what i can do to keeo us safe ive never said no ir yes just if you wanna see them come see them..call them if you want to talk to them not me do it when he has people to bring him. He has stated we arent together and can do what he wants with no legal seperation just saying get out of his home. What are my options? I cant let him destroy them again and confuse them when he cant make uo his own mind. Is this abandonment? All he does is ask when he can see them not call to talk to them no support etc.
Submitted: 5 months ago.
Category: Legal
Customer: replied 5 months ago.
At first it was just time apart and a week telling me he loved us etc and we would come home then three days ago same day said he wanted seperation after finding womans things in our home.
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  legalgems replied 5 months ago.

I am very sorry to hear this;

here are the grounds for divorce in GA, and both abandonment and adultery are included:

Adultery by either of the parties
Wilful and continued desertion by either of the parties for the term of one year
The sentence of either party to two or more years of prison for an offense involving moral turpitude (such as murder, involuntary manslaughter, rape, embezzlement)
Habitual intoxication; drunkenness
Cruel treatment

11. Incurable mental illness
12. Habitual drug addiction

Expert:  legalgems replied 5 months ago.

but since 1973, GA has not required "Fault" to get divorced; so parties can get divorced due to irreconciable differences.

Expert:  legalgems replied 5 months ago.

When dividing the marital property, the court will do so in an equitable manner- fair, which does not necessarily mean equal (although for longer term marriages fair is usually equal). For adultery, if marital property was spend on the third party, the court can order that money to be reimbursed.

Here are the factors the court will consider in dividing property:

The income and property of each spouse at the time of the marriage, and at the time of the divorce;
The length of the marriage and the age and health of both spouses;
If there are minor children involved, the need of the spouse who has custody of the children to live in the marital residence and to use or own its household contents;
The loss of inheritance and pension rights of each spouse because of the divorce;
The loss of health insurance benefits of each spouse because of the divorce;
Any award of support or maintenance the court will be making;
Whether one spouse made contributions to marital property that the spouse does not have title to; for example, where one spouse helps the other spouse increase their ability to earn more money by getting a degree, license or certification;
The liquid or non-liquid character of all marital property (“liquid” means that the property can easily be converted to cash);
The probable future financial circumstances of each party;
The impossibility or difficulty of determining the value of certain assets, like interests in a business, and whether one spouse should be awarded the business so it can be run without interference by the other spouse;
The tax consequences to each party;
Whether either spouse has wasted or used up any of the marital property while the divorce was ongoing;
Whether either spouse transferred or disposed of marital property at less than market value, knowing that the divorce would be happening;
any other factor the court deems relevant.

So as you can see, the individual judge assigned to the case has great discretion, so it is difficult to predict in advance what the judge may rule. An attorney that is familiar with the particular judge may be better able to provide an estimation based on the judge's past rulings.

Expert:  legalgems replied 5 months ago.

The court, in awarding spousal support, will not award support to an adulterous spouse; so the other spouse may receive spousal support. This is typically seen when one spouse has a hire income than the other.

Customer: replied 5 months ago.
Can i file for sole custody on these grounds?
Customer: replied 5 months ago.
Especially with no contact except asking when i can bring them to him?
Expert:  legalgems replied 5 months ago.

The court will look to the best interests of the child, and will consider the following factors under statute 19-9-3:

(A) The love, affection, bonding, and emotional ties existing between each parent and the child;

(B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;

(C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;

(D) Each parent's knowledge and familiarity of the child and the child's needs;

(E) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;

(F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;

(G) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(H) The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child;

(I) The mental and physical health of each parent;

(J) Each parent's involvement, or lack thereof, in the child's educational, social, and extracurricular activities;

(K) Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;

(L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child;

(M) Each parent's past performance and relative abilities for future performance of parenting responsibilities;

(N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;

(O) Any recommendation by a court appointed custody evaluator or guardian ad litem;

(P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and

(Q) Any evidence of substance abuse by either parent.

(4) In addition to other factors that a judge may consider in a proceeding in which the custody of a child or visitation or parenting time by a parent is at issue and in which the judge has made a finding of family violence:

So if a parent rarely sees the child, then the court is less likely to award custody to that person; they may award limited visitation i.e. no overnights, or supervised if there is risk the child can be harmed, or if the child will be so uncomfortable because the parent is a virtual stranger.

Expert:  legalgems replied 5 months ago.

But the court does absolutely have the ability to award sole custody to one parent, especially if that parent is the person that has provided the majority of the care; the idea being to preserve the status quo for the sake of stability:

https://georgia.gov/popular-topic/learning-about-child-custody

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.