My children & i moved to GA last july. My son was not happy here in GA & failing school. I conscented to let him go live with his father in AL for the rest of the school year on 1/29/04. His father agreed that if he wanted to come home he could at the end of the yr. He is backing out on his agreement. There are not any signed papers, the original decree has not been altered. We have joint custody with me be the custodial parent with final say. Can I just keep him here when he comes to visit with me this summer and not send him back with out being charged with kidnapping? His father also owes around 5K in back child support.
1 Answer from Attorneys
You do not have to let him return to Alabama because there has not been a change of custody. If his father wants to gain custody, he must bring an action here in Georgia. You can file an action for contempt to recover the money he owes in child support. Feel free to contact my office for further questions regarding this matter.