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Under GA family law, if my husband objects can I move my kids in with my boyfriend before the divorce is final

I had an affair and currently live with my boyfriend while going through my divorce. My husband and i sent our kids to stay with grandma for a month until it is finalized. I want to move my kids into where i am living but mysoon to be ex is dead set against it. Are there laws in GA that say I can move them into this house with me?

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Attorney answers (2)

Reputation Level 14
I am admitted in Georgia.

If I was representing you in your divorce, I would not recommend your moving in with a boyfriend. Until your Georgia divorce is finally entered by the court, you are still married. The boyfriend therefore exposes you to allegations of adultery and more importantly in today's child protective world, you are opening yourself up for allegations of improper conduct that would be easy to allege and amplify in court.

As to the custodial status of the children, your question does not provide enough information. I do not know whether placement with the grandmother has been stipulated to or ordered by the court. Having that information would yield an answer. Otherwise, there are no laws that specify to such a high level of detail what divorcing couples can and cannot do as to housing arrangements with their children. Those determinations are made by the judge on each case.

Reputation Level 16
If you want to risk losing custody and think your boyfriend matters more than your children, go for it. Many judges will have problems with it, and why would you want to risk your children over it?

Bear in mind that adultery in Georgia, and sex with anyone you are unmarried to, is a crime, and while it might be rarely prosecuted, it can influence the outcome in a divorce case.

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