Legal Question in Family Law in Georgia
When I got my divorce the judge granted me full custody with visitation on my descretion...in sept of 09 I had lost my job so I had ask my ex husband my kids father to please help me with them til the school year was over and then I would come get them. Well now he won't give me my oldest son and claims that my son is living in california with his (ex husband) mother. How can I go about getting my son back?
2 Answers from Attorneys
How long did your son live with your ex and how long has your son live with his grandmother? This is just an issue of jurisidiction. If your ex never left Georgia, but he simply sent your son to his grandmother's for the summer, you need to return to court to file a motion for contempt against your husband. At the same time, you may consider filing criminal charges against his grandmother for parental interference.
If what you say is correct, you can probably file a criminal case for parental interference or kidnapping against the grandmother. Contact the police or FBI. Your ex also might be charged. The grandmother's case is a serious felony.
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