Legal Question in Family Law in Georgia

if a mother takes her child from ga to another state and the temporary custodian has not renewed custody is that kidnapping


Asked on 6/26/11, 6:58 am

1 Answer from Attorneys

I don't have enough information. Were the parents of the child married? What state entered a custody order? Does the father still live in Georgia? Why was the order only temporary? What did it say?

Generally a parent cannot kidnap his or her child if there is NO custody order in place. If the order has expired then its no longer in force.

If you are the father and the child is legitimate (you were married to the mother OR you legitimated the child) then your remedy is to go back to the county that entered the initial order and file a motion for custody/visitation provided that Georgia still has jurisdiction. If the mother and child have been gone for more than 6 months, Georgia may have lost jurisdiction and you would have to file in the new state.

Of course, if the order is still in effect, then the mother might have violated the order by taking the child out of state although I would need to see the terms of the order. If that is the case then you would file a petition to have the mother found in contempt for violating the order.

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Answered on 6/27/11, 2:37 pm


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