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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?

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Attorney answers 4


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.

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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.


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.


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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