Me and my husband have been separated for eight months we have two small children who he has not supported at all he’s always saying the kids I handful of times but threatens to pick them up I never bring them home how do I go about getting temporary custody of my children until they divorced
File for divorce and schedule a temporary hearing. Talk to an attorney about handling this for you.
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You can’t get temporary custody without a court order. You can’t get a court order until a case has been filed in court. You will have to file for divorce and seek a temporary order of custody. You would do better with an attorney to assist you.
Right now he CAN get them anytime he wants and try to keep them from you. It is your inaction that has left that door open as he has the same rights as you.
You are LONG overdue to seek divorce. When filing you can seek temporary orders as to custody, support and so on. You wlll see this go very badly without counsel.
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Right now, you both have equal rights to the children. If he's implying he has the legal right to pick up and retain the children forever, that's just not true. File a petition for divorce with the clerk of the Superior Court. If your husband moved to a new county when you separated eight months ago, you will probably need to file in the county where he now lives. You could file in the county where you both lived together if he is only sort of living at that new address (for example staying temporarily with a friend but his drivers license still shows the marital address).
If you can afford an attorney or if you can at least consult with an attorney who can provide a la carte services, that would greatly simplify the process. If you cannot, see what information you can locate at the superior court website. Call the clerk's office and see if they have resources for pro se litigants. You can also find helpful forms at the websites for Georgia Legal Services, Atlanta Volunteer Lawyers Foundation and the Fulton Superior Court Family Division.
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