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-client relationship. If you wish to create an attorney-client relationship you should contact an attorney and formally discuss the specifics of your case.
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, I handle appeals from anywhere in Georgia.
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