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Wife Gone

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DistraughtDad

Junior Member
What is the name of your state (only U.S. law)? State of Georgia

I live in Georgia and my wife recently moved to Mississippi with our 8 year old daughter. Is there anything that could be done legally to force her back to Georgia?
 


S

sandyclaus

Senior Member
DistraughtDad said:
What is the name of your state (only U.S. law)? State of Georgia

I live in Georgia and my wife recently moved to Mississippi with our 8 year old daughter. Is there anything that could be done legally to force her back to Georgia?
Click to expand...
Was the child born during the marriage? If so, then both of you have equal rights to custody of the child. You can't force her to return to Georgia, but you could go to Mississippi and pick up your child. Of course, that goes both ways - meaning once you take custody of the child, she could turn around and take back custody herself. But your WIFE is not property, and there is nothing you can do to force her to return to you.

If you are planning to divorce, then I would suggest that you contact an attorney at the earliest possible time, and ask that a temporary order be put in force with regard to custody and visitation for the sake of the child.
 
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wavehopper27

Member
If I were you, I'd go to court today and file an emergency petition to have your daughter returned to Georgia. I'd also file for custody as well. Once your daughter has lived in Mississippi for 6 months, it becomes her legal residence and thats where jurisdiction will be. Once Georgia courts have issued orders, regardless of who they rule in favor of, Georgia will retain jurisdiction for as long as you live there. Your stbx will have to file in Georgia for any future custody, visitation and child support issues.

Good luck.
 
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wavehopper27

Member
On a side note once your wife lives there for 6 months, she can file for divorce there forcing you to travel there for court. If you plan on divorcing, which I assume you will, file it yourself in Georgia before she can.
 
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