[needy1]

My sister in law has 3 kids one with her present husband.she lives in Georgia atl.husband is cheating on her and she wants to come back to cali.should she just get up and leave or should she file for divorce and then leave?she has no family in atl.all her family is here in cali.I don't know about the laws in atl.need help quick she does not know what to do...

[cadillac59]

If she moves back to California, keep in mind that if her husband files for divorce in Georgia within 6 months of her departure with the child, she going to have to return to Georgia to resolve the issues of child custody and child support anyway because California will not have jurisdiction (however it will after 6 months of her arrival in California if husband does nothing).

Even if she waits 6 months after arriving in California and then files (and she doesn't necessarily have to) the California court may have no jurisdiction over property and debt in their marriage (that is, even if it does acquire jurisdiction over the kids for custody and support). She should give that some thought.

If the parties have no property or debt between them and she doesn't think her husband will file for divorce in GA within 6 months of her leaving, then she might move but she must keep her husband informed of where she is in California, and not hide the child from him.