Wife left me with the kids

[wolf7269]

I live in Ga. Have been married 15 years. Both our names are on the house. My wife is a heavy drinker, smokes pot, having an affair, and left to be with another guy. We have 2 kids ages 11 and 13, both are with me. At what point is it considered abandonment? How do judges look at this kind of case as far as the father and custody? Now that she has packed a bag can I put her stuff on the street, change the locks? Do I have to let her come and go as she pleases?

 

[irish223]

You can't lock her out of the house and get rid of her things. You should file for divorce and custody of the children. Unless she has been gone for a year with no contact, you probably can't argue abandonment.

You should consult an attorney, but here's some helpful information:

http://www.gabar.org/communications/consumer_pamphlet_series/divorce/

 

[Duranie]

At this point you should file for divorce and ask for custody. If you are in a no fault state the affair probably does not matter but you can address the issue of the pot and the heavy drinking for visitation.

 

[irish223]

As stated, he is in GA. Georgia recognizes grounds for divorce, adultery among them. OP, you will have to prove adultery. You will also have to prove that the mother is a heavy drinker and pot smoker if you plan to use that in court.