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I am in LA and my wife moved away with our son (now about 3

yrs old) to GA and...
I am in LA and my wife moved away with our son (now about 3 yrs old) to GA and lives with her mother. She has not let me see him since 4.5 months. I was able to talk with him over the phone for couple minutes about 3 months ago. She would not respond to my email, texts, phone calls. I have pleaded several times to her for me to visit him to no avail. What are my options and which is the quicker one so that I can see my son?
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Answered in 12 minutes by:
1/1/2013
Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7,280
Experience: I have over a decade of experience as a Family Law litigator
Verified

Candidly, the single best way to obtain a court order to facilitate contact with your son would be to file for divorce. Unless/until that happens, there is no legal impediment to your wife doing exactly as she is doing, that being to deny contact.

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You might consider doing this very soon. As of right now, the divorce action would be proper in your home state, California. However, if your wife can establish legal residence in Georgia, then she would be able to file there, making the process more difficult for you.

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Customer reply replied 5 years ago
I am in LA (Louisiana). She left about year and half ago. So do I ned to file something in Louisiana or GA? Can one file child visitation rights without divorce? Is there any time limit that might backfire on me (i.e. does a longer wait work against me?)

My apologies, I took LA as Los Angeles. Regardless, that does not change the analysis of the law, just the location of any litigation.

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The additional information of her having left a year and a half ago factors in as well. As you had not seen the child in "4.5 months", I took that to mean that she had left 4.5 months ago. As she has been gone so long, she has now established legal residence in Georgia. Meaning, the litigation is proper in that state.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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Customer reply replied 5 years ago
Can you please reply to the complete q? Can one file for child visitation in GA without filing for divorce?

Yes, Georgia recognizes legal separation. As you and your wife are clearly residing in separate residences, you might consider just proceeding under a theory of separation. Then, if appropriate, you can proceed with a divorce in the future.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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We began this discussion about two hours ago and it has grown late. If you need any further clarification, please feel free to leave another post and I will respond when I am back online tomorrow. Otherwise, if I have answered your question, please click on one of the positive indicators so that I may be compensated for my efforts. I thank you in advance for your consideration.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7,280
Experience: I have over a decade of experience as a Family Law litigator
Verified
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Category: Family Law
Satisfied Customers: 7,280
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