StuckInARut
New
Reged: 08/06/06
Posts: 8
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Short and to the point...seperated, 3 kids, issues with a lot of emotional and some physical abuse to kids and myself, hubby took all access to money, i'm a stay at home mom with no income and no way to pay for child care. New to area and have no one to help me, no friends, etc. I'm considering taking my kids back to Virginia to be near family and friends and filing my divorce and custody petition there. Anyone know if the Virginia laws (especially being a commonwealth state) would be more in my favor or less? I'm not really familiar with laws of this nature in either state
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KGrow
Platinum
Reged: 01/27/06
Posts: 3109
Loc: Colorado
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If you and your husband and your kids have established residency in GA (unless your husband agrees otherwise) the divorce will happen in GA. You can ask the GA court but, it is very unlikely you'll be allowed to move the kids to VA until the divorce is final.
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StuckInARut
New
Reged: 08/06/06
Posts: 8
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See that's the thing...NOTHING has been filed yet. At this point it's just him living in one house and me living in another with the kids. I have legitimate reasons for wanting to move to virginia. If I were to move them now and set up residency in Virginia for the children and I before anything is filed, I'm just wondering if the laws would be more on my side there or here? At this point I don't think a court can stop me becuase there IS no pending action or custody order. But I'm in the process of checking into restraining orders as well.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3109
Loc: Colorado
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You're right. Since neither of you has filed for divorce, there is nothing to legally compel you to stay in GA. If you up an leave to VA and try to file there, you'll probably be refused because you can't make the residency requirement in VA.
Meanwhile, he'll file in GA and you'll start a very messy divorce with a fight to get the kids back to their established place of residency: GA.
You need legal advice. A lawyer in GA will likely advise you to stay in GA and will set you up with primary custody and child and spousal support.
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StuckInARut
New
Reged: 08/06/06
Posts: 8
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that'd be great if i could find a lawyer who'd work for free. hubby took all the money
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