[mom247]

What is Georgia's laws about taking children out of state without fathers permission? Can Ga make you return after you are already gone and can the father stop the mother before she gets out of state. My friend has three kids by her husband and he is physcially and mentally abusing her, she has family in NY and wants to leave, what should she do, she knows if she files for divorce that he will protest her taking the kids out of state, but she has no one her to help her with her kids.What legal advice can you give me. Any advice would be greatly appreciated.

[stevetcg]

She needs to contact a lawyer or a woman's group that deals with abused women and children. They will have lawyers and specialists who deal with this kind of situation (unfortunatly) regularly.

[ScottGem]

I totally agree with Steve. But let me expand a bit.

The law on this is pretty universal. He has an equal right to the children until a court rules otherwise. Also, most states require a period of residency before filing for divorce. So if she leaves and he files for divorce first it gives him the upper hand.

The key here is whether she can prove the abuse. Is there a police record of domestic violence calls. Are the hospital or doctor records that can document the abuse? She needs to build a journal showing the abuse.

But if she can prove the abuse, then she might win the right to move.

[s_cianci]

Legal technicalities aside, if the situation is as you describe, fraught with physical and emotional abuse, then her best bet is to just pack up herself and the kids and head to NY. In the absence of a court order to the contrary, she is free to leave the state with her kids. If he objects after the fact, then let him go through the process of filing the motions, etc. and try to have the local family court order her and the childrens' return to Georgia.

[stevetcg]

Out of greenies but I'm with s_cianci... don't wait around for the legalities. If the local family aid society cannot help you Immediately, bail and let him make the next move.

[cdad]

Legal technicalities aside, if the situation is as you describe, fraught with physical and emotional abuse, then her best bet is to just pack up herself and the kids and head to NY. In the absence of a court order to the contrary, she is free to leave the state with her kids. If he objects after the fact, then let him go through the process of filing the motions, etc. and try to have the local family court order her and the childrens' return to Georgia.

I can't agree with this line of thinking because its promoting parental kidnapping. She needs to file and get things in order before going or face what's coming at her later. It could mean losing custody etc if she just runs and hides. She can file emergency orders with the courts and do it right or it will boomerang on her in a heartbeat.

If she can prove the abuse in some way then she can easily get restraining orders and an order to evacuate the state to where she needs to go to with LEGAL custody papers in hand.

[ScottGem]

I can't agree with this line of thinking because its promoting parental kidnapping. She needs to file and get things in order before going or face whats coming at her later. It could mean losing custody etc if she just runs and hides. She can file emergency orders with the courts and do it right or it will boomerang on her in a heartbeat.

If she can prove the abuse in some way then she can easily get restraining orders and an order to evacuate the state to where she needs to go to with LEGAL custody papers in hand.

I'm kind of on a fence here. I understand the reasoning behind the advice to get out, but, like Califdad, I'm also thinking of the future. Running may hurt more in the future. But there is a compromise here. Going to an abused woman shelter in GA, should help her get out without the onus of running away. It also allows the OP to file first, which I think is important in this case.