Legal Question in Family Law in Georgia

I am custodial parent of my 16-year-old daughter. I allowed her to stay with her Mother for a while, but did not sign anything. She is still there and I want her home. Her mother will not allow me to simply bring her back home. As the custodial parent, can I just get her or am I limited because I let her stay there?

Asked on 5/16/10, 9:42 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office

I'd want to read the custody papers before answering.

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Answered on 5/21/10, 10:25 am

Paula McGill Attorney at Law

If the order gave you custody and the mother is refusing to give her back, you can inform her if this cannot be resolved you will have to seek court intervention. Thereafter, you may have to file a motion for contempt. This path should protect you against false claims of domestic violence. Nevertheless, if the mother petitions to modify custody, there is no guarantee the judge will force her to go back.

Furthermore, at 16, a child can voice his/her choice of parent. Nevertheless, the court will make the ultimate decision regarding custody.

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Answered on 5/21/10, 10:41 am
Charles W. Field Charles W. Field, Attorney at Law

Call your local Sheriff and ask that they assist you in enforcing a court order. If they refuse, consult with a local attorney.

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Answered on 5/21/10, 8:14 pm

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