According to Georgia law, am I required to file for a legal separation before I move out with my children?

Attorney answers (2)

1. Licensed in GA

   

   Christopher Anderson

   Cary Divorce / Separation Lawyer

   Contributor Level 14

   Answered November 11, 2009 06:23. Until and unless there is an order from a court regarding custody, neither parent can assume primary custody of the children of a marriage, and allow some form of visitation to the other. To accomplish what you are seeking, you must, at a minimum, file for custody, and probably support.
   
   You should retain an attorney to competently advise you in this matter.
   
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2. Licensed in GA

   

   Regina Edwards

   Divorce / Separation Lawyer

   Contributor Level 8

   Answered November 30, 2009 13:28. I agree with Mr. Anderson. Although legally you may move out. If you do so and then deny visitation to the other parent, that will not help you in a custody case. If domestic violence is an issue, then you should move and then immediately file for divorce. If not, file for divorce, and then the judge can allow you to move, while setting up a visitation schedule for the other parent.

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