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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default I Am Leaving Husband of 12 Years, Kids Involved

    My question involves a child custody case from the State of: Georgia

    I am finally done in a co dependant, emotionally abusive marriage.

    BUT here lies my issues.

    I have three minor children with him, I don't wish to uproot them to another country (job for me and schooling there) I need to figure out how I gain shared custody.

    I would LOVE to take them with me, not doing so is going to kill me. But it isn't fair to them to make them start over and have to struggle while I get on my feet.

    How hard will it be for me?

    I have left years ago with kids only to be threatened with parental kidnapping charges by him.

    I am between a huge rock and a hard place.

    Staying is not an option, but figuring how to secure my rights is paramount, or I fear I will stay put where I am and give up any dreams of any sort of future.

    Thank you in advance,.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: I Am Leaving Husband of 12 Yrs. Kids Involved. Complicated

    If you leave your children behind, your chances of becoming the custodial parent diminish.

  3. #3
    Join Date
    Feb 2008
    Location
    WV
    Posts
    115

    Default Re: I Am Leaving Husband of 12 Yrs. Kids Involved. Complicated

    Quote Quoting Brazen
    View Post
    My question involves a child custody case from the State of: Georgia


    I have left years ago with kids only to be threatened with parental kidnapping charges by him.


    Thank you in advance,.
    He can threaten you till the cows come home but if there is no order in place involving custody you can take the kids where ever. They are yours too and no court said that you can't take them somewhere. If there is a custody order in place then you have to abide by that or he can press parental kidnapping charges.
    Move with the kids let him press the charges the court will reject them because you have the right to move out with them. On the flip side so does he.
    IF you leave them behind you won't get custody unless he is proven to have abused them in some way. Not you but the kids. Judges usually don't like to switch custody once the kids are set up in one place.

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: I Am Leaving Husband of 12 Yrs. Kids Involved. Complicated

    Quote Quoting babyfat5
    View Post
    He can threaten you till the cows come home but if there is no order in place involving custody you can take the kids where ever. They are yours too and no court said that you can't take them somewhere. If there is a custody order in place then you have to abide by that or he can press parental kidnapping charges.
    Move with the kids let him press the charges the court will reject them because you have the right to move out with them. On the flip side so does he.
    This is very dangerous advice, for several reasons.

    1. The OP is wanting to take the children out of the COUNTRY.

    2. You are correct that he cannot file kidnapping charges. HOWEVER, he CAN file in a GA court and request that the court order her to return the children to the state.

    What the OP needs to do is to go ahead and file now to have the court's permission if she wishes to move the children away from thier father.

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