I am separated, not divorced as of yet. My spouse is planning on moving out of state. Is there anything I can do to stop her?

My daughter is 4 years old, and I do pay child support. I do not want to lose my visitation because she is wanting to move to another state. She is disabled and does not work, so there is not a reason for her to leave other than because she chooses to.
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Answers (2)

Patrick Lehmon Meriwether

Patrick Lehmon Meriwether

Contributor Level 3
If a spouse wants to leave the state, there is generally nothing to prevent them from leaving the state. The question that is more difficult to answer is, "Can they leave the state with the minor child?" If you file for divorce, most counties have what is called a "standing" order, or one that is issued in every divorce action. I am not familiar with your county, but if it is like most, the order prevents either spouse from leaving the jurisdiction of the court with the minor child. If your county has a similar standing order, the divorce filing is merely a temporary measure. In most instances, you have to win primary physical custody in order prevent the minor child from leaving the state. If you have primary physical custody, the spouse cannot take the minor child from the state.
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Shea Evans Roberts

Shea Evans Roberts

Contributor Level 4
I would definitely seek an attorney to protect your custody rights. In Georgia, it is now considered a major change in circumstance if the primary custodian tries to move out of state and the non custodial parent can seek custody of the children in that instance. If your spouse has a legitimate reason for moving, ie. she couldn't find a job here, then a judge might permit it. Essentially, there is no guarantee either way, but Georgia courts favor having both parents in the child's life so I would definitely find an attorney to help you before your spouse and child get settled in out of state and it becomes harder to undo it.
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