What can I do if my husband wants to take my son to another state before a divorce is filed? 2 Answers as of July 08, 2011

We don't have a divorce or separation filed yet can my husband take my son out of state hes only 2 years old my husband smokes and is bi polar right now not on medication can he take him legally or is their something I can do to prevent it. Another question can you file for child support without being separated he told me that he will give me 6 weeks to find a job because he is going to stop paying the rent for the home that I live in with my son his name is on the lease .

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Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
Under Georgia law unless and until a divorce is filed and a court order entered otherwise, both parents have equal custodial rights to the children and can take the children out of state. You cannot get child support if the two of you are living together.
Answer Applies to: Georgia
Replied: 7/8/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You need a lawyer. Let me repeat that. You need one. Today. Not tomorrow. You have a legal emergency and need to drop everything and get counsel. Until a divorce is filed and a court has ruled, either of you can go anywhere they want with the child. And until you separate, you can't seek support.
Answer Applies to: Georgia
Replied: 7/7/2011
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