What do I need to do to make sure my soon to be ex husband do not remove my kids from our home?

I am sorry that you are going through this. The best thing you can do is make sure that you present as a good and protective parent and that you are able to take good care of your children. If you can hire a local GA attny that will help you alot. Please sit down with a local GA attny and he or she will discuss how best to protect your interests and your family. take care.

Until either of you file a divorce, he is free to go and take the children. In most counties once a divorce is filed, a county standing order will limit what he can do. See a lawyer ASAP. Until you file, you can't stop anything.

From what you've described, having lived in Georgia for more than 6 months (both parents and the children), a Georgia court will have "jurisdiction" over the children (and for a divorce). Until a court order is entered (your county has a "Standing Order" that issues when a family law case is filed), but until a court order is entered, each of you may take your children where you wish, after all, you are both parents. But, even if he were to take the children and drive away, you can get a court order that has the children remain in the State of Georgia. Whether the court order says they are to live with you in that apartment or with the father in his home (in Georgia, if he gets one), will be based on what the judge hears in the courtroom (or what the father and you work out and agree on). If you can, hire an attorney to help you (Angela Kinley is a very honest attorney in your area) or, if you want more guidance and direction, book a $99 Session with me.

I "second" the advice of the other attorney who has responded. I advise that you hire a family law attorney in Ga as soon as possible, and bring all paperwork for the NJ matters with you to the consultation, because what those documents say will likely affect what a Ga court may or may not be able to do. In terms of whether your husband can remove your children from the marital residence during the pendency of the divorce, the short answer is yes, as long as he is not prohibited by a court order (NJ or otherwise) from doing something that unreasonably interferes with your custodial and/or visitation rights. Notwithstanding any court orders, neither parent is permitted to take the children and go elsewhere for an extended period of time without the reasonable permission of the other parent, because such may constitute parental kidnapping (both a federal and state criminal offense) (see recent Gwinnett case involving 2 young boys, which made national news, as a good example). However, if a legal proceeding in Ga is initiated, and because you and your husband have reconciled, generally speaking, since the move from NJ, notwithstanding a possible "standing" court order that would apply to your divorce case, you may want to seek a temporary order and have a temporary hearing to establish a status quo until the divorce is concluded. Good luck.

Because neither of you live in New Jersey any more, and the child has lived in Georgia for the past 6 months, jurisdiction over custody of the child will be in Georgia. However, you must act quickly to take advantage of Georgia law, and the standing order provided by the Gwinnett County Superior Court for all divorce cases filed there. It would be most effective if you filed and served him with papers before he removed the child from the state. You should retain an experienced divorce/custody attorney who regularly handles cases in Gwinnett County. Call me as soon as you are able, for an initial phone consultation at no charge.

Generally, a husband and wife have absolutely joint/equal custodial rights, allowing either to do what they wish. However, your New Jersey order may possibly create a "wrinkle" in that rule. For that reason, it is not possible to answer you definitively without seeing the New Jersey order. What can be said definitively is that filing now (rather than waiting) will be in your best interest. Regardless of the NJ order, once a divorce action is filed in Georgia the parties come under a Standing Order preventing either from removing the children from the court's jurisdiction until further order from the court. For all of the above reasons, it would be a good idea for you to contact an attorney immediately to discuss your rights and options. Again, the sooner the better. I hope this information helps answer your question(s). ~ Kem Eyo