Can My Ex Take My Kids Away During Divorce in Atlanta?

For many parents, the most important question during an Atlanta divorce is simple: Will I ever see my children again? This question may be especially important if your ex has threatened to “take the kids away.” Perhaps your ex told you that you will never see your own children again. Can they really carry out these threats? Could a child custody attorney in Atlanta help you preserve your relationships with your children?

Your Ex Cannot Leave the State with the Kids

To ease your worries, until your divorce is resolved, your ex cannot simply leave the state with the children. If they attempt to flee the state with the kids, they could face federal kidnapping charges. State and federal authorities understand when a parent faces a divorce, they may feel compelled to flee the state or the entire country. These parents want to prevent their exes from spending any time with their kids.

If you suspect your ex is going to flee the state, notify the authorities. You might also want to inform your child custody attorney in Georgia. If you have proof that your ex threatened to flee the state with the children or has taken steps to flee the state with the children, the family court may take this into account when approaching child custody decisions.

Shared Custody Is Common After Divorce

You should also know that shared custody is the most common outcome in modern divorces. Although your ex might try to convince you that you will not get to spend any time with the kids, only the family court can make these decisions. If you did not do anything wrong during the marriage, you should get to spend a significant amount of time with your children after the divorce.

Even if you are guilty of certain misconduct, this shouldn’t affect your parenting time unless the conduct specifically involves the best interests of the children. For example, your decision to engage in an adulterous relationship should not affect child custody unless this continued relationship has or is likely to physically or psychologically harm your children.

Parental Alienation Can Backfire on Your Ex 

Finally, any attempt by your ex to sabotage your continued relationship with your children could backfire. The court may interpret this as “parental alienation,” a form of misconduct that can cause negative consequences for the guilty spouse. Specifically, your ex could end up spending less time with the kids because of this conduct.

Can a Child Custody Attorney in Atlanta Help Me? 

A child custody attorney in Atlanta can help you fight for your parental rights and preserve your relationships with your children. Although your ex might threaten to take your children away, there are few legal ways to carry out these threats. Your ex might also face serious consequences for trying to leave the state with the children. For more information, contact Kaye, Lembeck, Hitt & French at your earliest convenience.

Sources: 

psychologytoday.com/ca/basics/parental-alienation

travel.state.gov/content/travel/en/International-Parental-Child-Abduction/abductions/legain-info-for-parents/using-US-justice-system.html