Legal Question in Criminal Law in Georgia

i am planing on leaveing my husban who is abrusive to me and my children. on of the children is not mine but is his from a preavous marrage will i get into trouble if i take her with me


Asked on 12/31/10, 1:33 pm

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Unless you have adopted the child, or otherwise have formal custodial rights to the child (as recognized by a Court), you will likely be kidnapping the child if you take her. I STRONGLY recommend consulting a Georgia family law attorney about the specifics of your case and your options. Many attorneys will not charge you for a consultation. If you decide to divorce your husband, your family law attorney can ask the judge to order your husband to pay for your attorney if you have no or a very little source of income. You can also try and seek custody of the child. If you believe the child is in imminent danger from the father, I STRONGLY recommend that you contact child protective services and ask that they intervene.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 1/05/11, 2:20 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You would be committing kidnapping and could be sentenced to life in prison. You CANNOT do it.

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Answered on 1/05/11, 4:31 pm
Lawrence Lewis Lawrence Lewis, P.C.

You are going to leave your husband and go where? Into hiding? If you leave and take a child, and your husband has no way of getting in contact with you, then you might not be able to take a child that you have not adopted. However, if the child is two or three years of age, you will not be allowed to leave the child at the house like you would a parrot. So,the question is difficult to answer, Whether yoru husband is abusive or not has little to do with the taking of the child.

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Answered on 1/05/11, 4:46 pm


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