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I live in Georgia, can my wife move my two children to Michigan without my consent?

Glennville, GA |

I currently live in Georgia, my wife and I are separating which will eventually lead to a divorce. She is moving to Michigan during our separation. Can she move my children out of state without my consent?

Attorney Answers 4


  1. Sure. Until and unless you file a divorce, she's free to do as she pleases. Note that filing a divorce before she moves will likely prevent the move until and unless a judge okays it, so you should be in a lawyer's office Monday. Some counties have a standing order that bans the move, and in others you could seek an order.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer unless you sign a retainer agreement). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. State bar rules require that I disclose my name/contact information in any communication (Glen Ashman)


  2. Yes, she can move - presuming that you are both the children's legal parents (and you've said nothing in your post to indicate otherwise). Since you are married, until such time as a court orders otherwise, you both have equal rights to the children. It looks like you and your wife are living in Tattnall County? You should find out if the Superior Court has an Automatic Domestic Standing Order the proscribes a party to divorce from leaving the jurisdiction with the children. Speak to a family lawyer in your area.

    This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.


  3. It is in your best interest to retain an attorney at once to begin this process. Do not delay because it can cause you other problems.


  4. I agree with my colleagues. I suggest you speak with an attorney and consider filing for divorce. If you do not do anything and allow her to move, she will likely obtain jurisdiction in another state which would not be good for you in the event you decided to pursue a divorce. At this time, she can move since you have not filed for divorce. Good luck!

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