Can a parent lose custody in Georgia for working in another state?

Not automatically. Georgia courts evaluate custody based on the best interest of the child, considering the totality of circumstances. A parent who works out of state but maintains meaningful involvement, ensures quality childcare, and financially supports the children is not automatically at a disadvantage. However, the parent who is physically present day-to-day may have an argument for continuity and stability. The court will weigh both the quantity and quality of each parent's time.

What is a temporary custody order in Georgia and why does it matter?

A temporary (or pendente lite) custody order is a court order that establishes custody, visitation, child support, and other arrangements while a divorce is pending. In Georgia, either party can request a temporary hearing to set these terms. These orders are critically important because the temporary arrangement often becomes the baseline for the final custody order. Georgia courts tend to favor consistency and stability for children, so the status quo established during the temporary phase can be difficult to change later.

Can you kick your spouse out of the house during a divorce in Georgia?

Generally, no. Under Georgia law, both spouses have equal right to access the marital home until a judge issues an order for exclusive possession. A spouse who unilaterally removes the other from the home without a court order risks negative consequences in the divorce proceedings. If you need exclusive possession, the proper course is to file a motion with the court and let a judge decide.

Can a prenuptial agreement be thrown out in Georgia?

Yes, under certain circumstances. A Georgia court can invalidate a prenuptial agreement if it was signed under duress, if there was inadequate disclosure of assets, or if one party did not have the opportunity to consult independent legal counsel before signing. The party challenging the prenup bears the burden of proving these deficiencies. A properly executed prenup with full disclosure and independent legal review is much more likely to be upheld.

How is child support determined during a Georgia divorce?

Georgia uses statutory child support guidelines that consider both parents' gross incomes, the number of children, healthcare and childcare costs, and the amount of parenting time each parent exercises. During the divorce, either party can request temporary child support at a pendente lite hearing. The court will calculate support based on the guidelines and may also consider which parent is bearing the children's day-to-day expenses while the case is pending.

Kandi Burruss Divorce: What the Custody Fight Means Under Georgia Law

Kandi Burruss and Todd Tucker's Divorce Just Got Ugly: What Georgia Law Says About Custody, Support, and the Guest House Drama

By Antonio G. Jimenez, Esq. | February 19, 2026 | 7 min read

What started as a high-profile but seemingly cordial split has erupted into one of the messiest celebrity divorces in recent memory. According to TMZ, Real Housewives of Atlanta star Kandi Burruss filed court documents on February 12 alleging that her estranged husband Todd Tucker has been living rent-free in her Atlanta guest house and has not contributed financially to their two children since she filed for divorce in November 2025. Tucker fired back the very next day with his own filing, claiming Burruss "unilaterally removed" him from the main home and seeking temporary primary custody of their children, 10-year-old Ace and 6-year-old Blaze.

As reported by multiple outlets including Rolling Out and Urban Belle Magazine, the dueling filings paint sharply different pictures of who is actually parenting these kids. Burruss claims she has been carrying all child-related expenses, from private school tuition to extracurriculars like jujitsu, chess club, basketball, and Mandarin tutoring. Tucker counters that he has been physically present in Georgia handling daily routines while Burruss performs on Broadway in New York. Neither side appears ready to back down, and the court has not yet ruled.

Let me walk through the Georgia law issues this case puts front and center.

Temporary Custody Orders: The Battleground That Sets the Tone

This is where the real war is being waged right now. Both Burruss and Tucker are seeking what Georgia law calls "pendente lite" relief, meaning temporary orders that govern custody, support, and living arrangements while the divorce is pending.

Here is why that matters so much. In Georgia, either party in a divorce can request a temporary hearing where a judge establishes a framework for custody, visitation, child support, and use of the marital home until the final decree is entered. These hearings function like mini-trials, and the outcome can shape everything that follows.

Why? Because temporary custody arrangements often create a status quo that Georgia courts are reluctant to disrupt. If a judge grants one parent temporary primary custody and the children settle into a routine, that arrangement frequently becomes the baseline for the permanent order. As one Georgia family law resource puts it, "courts often prefer to maintain consistency for the children's benefit." That makes the upcoming temporary hearing in Fulton County extremely high-stakes for both sides.

Under Georgia Code Section 19-9-3, there is no presumption favoring either parent in custody disputes. The judge must determine custody based solely on the best interest of the child, considering all relevant circumstances. That includes each parent's living situation, their bond with the children, their ability to provide stability, and yes, their physical availability.

The "Absent Parent" Argument: Does Working Out of State Hurt You?

One of the most interesting legal dynamics here involves Tucker's claim that Burruss is essentially an absent parent because of her Broadway commitment in New York. According to Bravo's own reporting, Burruss began performing in "& Juliet" on Broadway in December 2025, with her run set to conclude on March 8, 2026. Tucker's legal team has leaned heavily into this, arguing that he has been the one in Georgia managing the children's daily routines.

Burruss has countered by stating that she regularly flies home to be with the children and has hired a full-time caregiver who lives in the home, transports the kids, prepares meals, assists with homework, and manages daily routines.

So here is the question Georgia parents with demanding careers should pay attention to: does working in another state during a divorce automatically make you the "lesser" parent in the eyes of a Georgia judge?

The short answer is no, but it is complicated. Georgia courts look at the totality of the circumstances. A parent who travels for work but maintains meaningful involvement, arranges quality caregiving, and financially supports the household is not automatically disadvantaged. However, the parent who is physically present day-to-day undeniably has an argument for continuity and stability. Georgia judges weighing the best interest of the child will consider both the quantity and quality of each parent's time, along with the support system each parent has in place.

The timing element is worth noting. If Burruss's Broadway run concludes in March, the "absent parent" argument becomes significantly weaker once she is back in Atlanta full-time. The temporary nature of the work commitment matters.

The Guest House and Premarital Property: A Georgia Property Law Wrinkle

Burruss's filing alleges that Tucker has been living in a detached guest house on property she owned before the marriage without paying rent, utilities, lawn care, or any associated expenses. Tucker admits he is living in the guest house but says it was not his choice, claiming Burruss directed family members to move his belongings out of the main home without his consent.

This raises a significant issue under Georgia property law. Under Georgia's equitable distribution framework, property acquired before the marriage is generally classified as separate property and is not subject to division. However, if marital funds were used to improve or maintain that property during the marriage, a portion of the equity could potentially be considered marital property.

Additionally, under Georgia law, both spouses generally have equal right to access the marital home until a judge enters an order for exclusive possession. If the guest house sits on premarital property that was never converted to joint ownership, the legal analysis gets more nuanced. But the broader point remains: you typically cannot unilaterally kick your spouse out of a shared residence during a pending divorce without a court order.

The Prenup Challenge: A Wild Card

An additional layer of complexity: Tucker has questioned the validity of the couple's prenuptial agreement, reportedly alleging he was pressured into signing it without independent legal representation. Under Georgia law, a prenuptial agreement can be set aside if one party proves it was signed under duress, without adequate disclosure of assets, or without the opportunity to consult an attorney. If the prenup is invalidated, it could dramatically change the financial landscape of this divorce, potentially opening up assets that would otherwise have been protected.

What Georgia Residents Should Take Away From This

You do not need to be a celebrity to find yourself in a situation with similar legal dynamics. Here are the practical lessons:

Temporary custody orders carry enormous weight. Do not treat the temporary hearing as a formality. The arrangement established during the pendente lite phase often becomes the permanent arrangement. Prepare for it as you would a trial.
Working out of state does not automatically disqualify you from custody. But you need to document your continued involvement, your communication with the children, and the quality of any caregiving arrangements you have put in place.
Do not move your spouse's belongings out of the home without a court order. Self-help evictions during a pending divorce can backfire in front of a Georgia judge. If you need exclusive possession, file a motion and let the court decide.
Prenuptial agreements matter, but they are not bulletproof. If you have a prenup, make sure it was executed properly. If you are the one challenging it, understand that Georgia courts will examine the circumstances surrounding its execution very carefully.
Document financial contributions. If you are paying for childcare, education, extracurriculars, and living expenses, keep records. If your spouse is not contributing, that paper trail becomes evidence at the temporary hearing.

Finding the Right Attorney Matters

High-conflict custody cases require experienced representation. Whether you are dealing with a contested custody dispute, a prenup challenge, or complex property division, having a Georgia family law attorney who understands the nuances of Fulton County practice (or whichever county your case is in) can make a meaningful difference. If you are navigating a divorce in Georgia and need qualified legal counsel, the divorce.directory attorney listings can help connect you with experienced family law professionals in your area.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.