What are a fathers rights, if the wife abandoned him and the children?

Asked 10 months ago - Covington, GA

My son has two children 3 and a 16 month old. His legal wife after 8 months of marriage abandoned him and the children and moved to Boston. At the time the the baby was 8 months and the oldest at 2 years old. Her reason was this is not the life she wanted. He wants a divorce, and custody of children, but she is not agreeing to this. She has not seen the children since shes gone, nor given any help financially to assist in the care of them. She has not expressed any plans at the present moment to return and visit children, or care for them or anything. Is there anything my son can do to gain custody because he is the sole provider at the moment and feels the children are better taken care of with him, as well as support from all of us (mom, dad etc).

Additional information

Other than divorce, what are his rights for custody? How does a situation like this appeal to the court system based on the fathers behalf?
More details please!

Attorney answers (3)

  1. Darrell Brinnett Reynolds Sr.

    Contributor Level 16

    Answered . He need to file for divorce.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033
    404-636-6616

  2. Patrick Lee Jarrett

    Contributor Level 12

    Answered . Your son needs to speak with a divorce attorney to help him determine what his options are. If his wife is not seeing the children or expressing a desire to see the children, your son stands a good chance of being awarded primary custody. Custody is determined on what is in the best interest of the children and there are more factors that could impact the outcome of a custody dispute. Step one is meeting with an attorney who your son can fully inform and who can guide your son through this difficult process.

    This answer is not intended to be legal advice. This answer is general in nature and does not create an attorney-... more
  3. Anthony M. Zezima

    Pro

    Contributor Level 16

    Answered . He should retain an experienced divorce attorney who handles such cases in the county of his current residence. That is where the case will take place, and his wife will have to come back to Georgia if she wants to defend that case. He should retain the attorney before filing anything so that he will have the benefit of proper legal advice to prepare for this litigation.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However,... more

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