I left my husband and moved to Georgia to get a fresh start but I left the kids until I got everything in order. Now I want to go back and get them but my husband wants to try and raised them (all girls). They are in Louisiana and we are not divorced yet. How can I go about getting custody? Do we have to be divorced first? Can I get temporary custody until then? Can I file in Georgia or do I have to file in Louisiana? Please Help!
2007-12-26 16:10:47 · 11 answers · asked by Determined 1 in Family & Relationships ➔ Marriage & Divorce
I did not abandon my children. My husband along with my children understood that I did not want to drag them out of school during the move. I call and keep in contact with them EVERYDAY. I left him, not them and they know that. I also left him due to infidelity on his part. We try not pit he children against one another because we want each other on their lives but I am not from Louisiana and refuse to continue to live here.
2007-12-26 17:41:41 · update #1
My X husband lives IN Texas, although we are legally seperated. our divorce will be final (hopefully) in about 54 days. I left my 2 boys with him and moved to SC. It was the most difficult decision EVER. however. before I took the drive. My husband and I went to a legal aide and drew up papers basically saying that I didn't abandon my children. I know alot of people look down on "us" for leaving our babies. but sometimes. other ppl look in from the outside and don't really know what is going on inside the home. I Give you props for starting your new life. I wish that i could talk to you more about this... I felt like I was the ONLY one. My only suggestion is PLEASE keep the childrens needs in mind. If they are in school keep.. keep them there. and maybe during the summer and you and the X can make an agreement that you can take custody of them. However. ULTIMATELY it is the childrens choice. Divorce is Expensive and so are children. so be prepared. thankfully my X and I have a great friendship and the kids are better where they are at right now. I want them to be with me. But I need to get more stable. I have left in October. soooo... CHIN up ... Girlie.... You are alive and breathing and Don't let other ppl bring you down wih the rude comments. I had to get over all that real quick...; your true friends wont JUDGE>.. remember that!!! GOOD LUCK HUN
2007-12-26 17:19:42 · answer #1 · answered by Robyn 1 · 0⤊ 0⤋
That is a very good question for a lawyer to answer. Laws in Georgia and Louisiana could be very different. My guess is you will need to go through the Louisiana since that is where your husband and children are. You can probably get a custody order without being divorced, but I doubt the court would allow you to take the girls out of the state under any circumstance unless you can show your husband is unfit.
2007-12-26 16:18:22 · answer #2 · answered by K K 5 · 0⤊ 0⤋
Although you may not have abandoned the children in your heart...legally speaking, your husband has grounds for custody due to abandonment. It will be unlikely that a judge will grant custody to you unless you prove your husband unfit. He has a lot of things in his favor- the kids won't have to be uprooted, won't have to change schools, stay in their childhood home, keep their friends...etc. I'm sorry, but he has a very large legal leg to stand on. You would have to file for custody in Louisiana since that is the state of legal residence for your children. honestly, if you want much of a chance of getting custody, you're going to have to move back to Louisiana...I know that's not what you want to hear but it's the reality. Times have changed and mothers do not always get custody now. The judge is going to look at who can provide the most stable environment for the kids and them having continuity during the divorce is going to be very important to the judge.
2007-12-27 00:43:06 · answer #3 · answered by aly_des 3 · 0⤊ 0⤋
Ummmm, yeah......Sweetie, you left them and that is not going to bode well with the court.
First, these proceedings are going to have to be held where the girls live so you are going to have to have a lawyer there and you are going to have to travel frequently.
Next, I would be very, very careful about taking them across a state line without your husband's consent, you could get into a lot of trouble (just in case the thought crossed your mind).
I wouldnt be at all surprised if you left this with nothing but weekend visitation as your decision to leave them behind was, legally speaking, unwise.
2007-12-26 16:56:31 · answer #4 · answered by MHnurseC 6 · 0⤊ 0⤋
Ugh, This time really stinks for you! It won't last forever. Try try try and be strong. Couldn't imagine what you are going through but I do know that your children will always be "your children". My parents are separated and Mom's always mom and dad's always dad. My sister always told me at times like this...keep busy, its the best thing for you. 4 months is still so fresh, this sucks and your "ex" well, it's not real nice on his part. All happening so sudden I mean with the g/f moving to town and being around your kids. Be proud of who you are and what you have accomplished and your beautiful children that you made with your ex. You will always have that history, time is changing for you and it can only mean good things will come your way. Discipline yourself to get out there and keep busy. Summer is a great time for that! All the best.
2016-05-26 22:13:21 · answer #5 · answered by ? 3 · 0⤊ 0⤋
What did he do wrong that you have to one day be in another state with his kids? Why do people incist on moving away and takuing the kids? Do not the kids love him as well? Will running away make it any better? Why not stay in Louisiana, away from him, so that no one has to travel three states away to see the kids? My brothers ex wife did this and he hasnt seen them for about 12 years now. Remember, the kids are going to suffer for you and your husbands wrong doing. Good job.
2007-12-26 17:13:42 · answer #6 · answered by pumper 4 · 0⤊ 0⤋
You may have made a mistake in leaving without them. He can probably use that in court as abandonment, not to mention they are established and settled where they are. Being girls has nothing to do with it. When my parents divorced, my sisters went with dad and I went with mom.
2007-12-26 16:14:59 · answer #7 · answered by primalclaws1974 6 · 2⤊ 0⤋
most likely he will get you for abandonment and you will not get them. Courts are not in favor of parents who leave the state.
Get a good lawyer. that was not a good choice and from personal experience , you are in for a war.
2007-12-26 16:21:23 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You need to sit down and have a discussion with your husband first about what's best for the kids. Keep an open mind please.
2007-12-26 16:14:45 · answer #9 · answered by Bantree 4 · 0⤊ 0⤋
Yu shud done hit em wit da banjo.
2007-12-26 16:14:09 · answer #10 · answered by box of rain 7 · 0⤊ 1⤋