Asked over 3 years ago - Fort Valley, GAFlag
I am looking to move out with my three minor children and I would like to do so peacefully and legally. I have found an appartment in the same city so visitation will not be an issue.
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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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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