[GA] My wife cheated on me and took the kids to an unsafe home. What are my options?
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Got it. Here’s the overview:
- Her admission and your recording can be strong evidence of adultery. In Georgia, adultery is a ground for divorce and can impact alimony (possibly bar it) and inform equitable division (O.C.G.A. § 19-5-3(6)).
- Custody is based on the child’s best interests; adultery matters if it affects parenting or judgment (O.C.G.A. § 19-9-3).
- If the grandparents’ home is unsafe, file for temporary custody/parenting time orders and present any proof (police reports, messages, witnesses).
- Georgia is a one-party consent state; your recording is generally lawful if you participated (O.C.G.A. § 16-11-66(a)).
- Document everything and keep communications civil. Don’t unilaterally remove the children without a court order.
- Consult a Georgia family lawyer promptly to file for divorce (adultery) and request temporary custody/support; mediation may be required later.
- If needed, look for counsel via reputable directories or legal aid.
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I’m married in Georgia. We have 4 kids. Wife refused marriage counseling. She was caught at another man’s house and admitted he’s a “friend with benefits.” She took the kids to her parents’ house, who are known alcoholics and violent. What can I do?
Have you and your wife discussed separation or divorce?
Not until recently.
Are you concerned about the kids’ safety while at her parents’?
Yes.
Anything else the lawyer should know?
No.
Hi—Jon here, licensed attorney. You want to know what you can do since she took the kids to a potentially unsafe environment?
The kids are fine while she’s there. I want to know what I do about the affair and her removing the children from the home they grew up in.
Understood—you’re asking generally about your rights?
Generally. She lied about where she was and admitted “friend with benefits.”
Anything else you’d like to add before I dive in?
I have her recorded saying that—with a witness.
Got it. Here’s the overview:
- Her admission and your recording can be strong evidence of adultery. In Georgia, adultery is a ground for divorce and can impact alimony (possibly bar it) and inform equitable division (O.C.G.A. § 19-5-3(6)).
- Custody is based on the child’s best interests; adultery matters if it affects parenting or judgment (O.C.G.A. § 19-9-3).
- If the grandparents’ home is unsafe, file for temporary custody/parenting time orders and present any proof (police reports, messages, witnesses).
- Georgia is a one-party consent state; your recording is generally lawful if you participated (O.C.G.A. § 16-11-66(a)).
- Document everything and keep communications civil. Don’t unilaterally remove the children without a court order.
- Consult a Georgia family lawyer promptly to file for divorce (adultery) and request temporary custody/support; mediation may be required later.
- If needed, look for counsel via reputable directories or legal aid.
Thank you.
You’re very welcome—happy to help. Reach out if you need anything else.
