Legal Question in Family Law in Georgia
ChildCustudy
In GA,if I have a mutual agreement with my ex-girlfriend to share our 3 yr old child half of each year two months at a time with myself living in TX. Is it kidknapping if I decide I want to keep my child and not take him back? She lives with her boyfriend whom she has a child with and her mom and moms boyfriend in a one bedroom extended stay motel where there is prostitution and drug related activities taking place. I want to get him started with his education. I'm married and have one child with my wife and I can provide a better life for him than just being stuck in a motel room all day.
3 Answers from Attorneys
Re: ChildCustudy
You did not include enough information to answer your question.
If there is a court of continuing jurisdiction, that is where you need to go to modify.
If there is no court of continuing jurisdiction and the 2 of you signed a document informally, that is a completely different matter.
If you live in Houston, please feel free to give me a call at 713-847-6000.
Fran Brochstein
www.FamilyLaw4U.com
Re: ChildCustudy
If this child was born in the state of Georgia, then you would not have any legal rights to this child until you legitimate the child. Thus, you would have no legal rights to custody nor visitation. It would not be wise to keep the child in Texas under these circumstances despite an agreement between the two of you. You should seek an attorney in this matter to establish your legal rights.
Re: ChildCustudy
This is a delicate legal matter and is not suitable to be handled over a general question board of this nature. If you have court orders with respect to this child it can affect how you should proceed. If you have no court orders you need to obtain a lawyer in your area (I know a few in Houston) who practices family law and I would think you would want to file a suit for custody. Either way, you need to make an appointment with a local lawyer.
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