Who has sole custody of the children during a divorce in Georgia? 1 Answers as of January 13, 2011

Can the father take the girls without the mothers consent? Reasoning the big brother was inappropriately touching the girls while under the father's supervision. Although during the mothers' supervision this did not happen. In the past the father's brother molested the little boy and was convicted. Now the son is acting out on his sisters. What are the laws for all involved?

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Both parents have legal custody unless and until a court establishes which parent or parents will have temporary and/or permanent legal and physical custody during a divorce. If there is no court order, the father can take the children just as the mother can take the children. If a child is in danger from abuse, it would be best to present that evidence to the court and seek an emergency order establishing custody and visitation rights.

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Answer Applies to: Georgia
Replied: 1/13/2011
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