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Jessica
Consultant
CC, Expert
Hello, my name is ***** ***** I am a licensed attorney. I would like to welcome you to JustAnswer! I am sorry you are experiencing these issues but I will be happy to assist you with your questions today. *Please note that this communication does not establish an attorney-client relationship. Please allow me a moment to review your question.
CC, Expert
I am sorry to hear of this issue. How old is the child?
CC, Expert
Is there a custody order in place?
CC, Expert
Is the father listed on the birth certificate?
CC, Expert
How long has he had the child with him?
CC, Expert
What state is he in?
CC, Expert
When was he supposed to return the child to you?
CC, Expert
Okay. Please allow me a few minutes to prepare a response for you.
CC, Expert
I am sorry to hear of this issue. If the father does not return the child to you on the date agreed on then you may want to call the police and see if they can assist. Most police departments will not assist because there is not a custody order in place. You would need to file for custody in GA if the child had lived in GA for at least 6 months.
You can certainly file for full custody of your child. You will do this at the local courthouse in the county where the child resides. You will want to fill out the petition for custody and file it. You will then have it served on the father. The judge will schedule and hold a hearing to determine what is in the best interests of the child. The judge will look at stability in income, housing, lack of issues such as drugs, alcohol, and violence. You will also be able to tell the judge that the father did not return the child to you and you wish to have a custody order in place, etc.
You can make this filing on your own or with the assistance of an attorney. If at anytime you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one. You can also contact your local legal aid society as they offer free and low cost services in these types of cases. Another good resource is to contact your local law schools as they often have clinics with attorneys that will assist in these types of cases. Again, I am sorry to hear of this issue. If you have any follow up questions, I will be very happy to assist you.
CC, Expert
You are welcome. Were there any other questions that I can assist you with on this topic today?
CC, Expert
It is not. Neither parent is primary or sole because there is not a custody order in place establishing this.
CC, Expert
You are not in GA currently so the laws of GA do not apply.
CC, Expert
The birth certificate has nothing to do with custody.
CC, Expert
You are in VA, the laws of VA apply. You would have to apply for custody in GA to have the child returned.
CC, Expert
If you had a custody order then it would be enforceable in VA, but you told me you did not.
CC, Expert
Police will not enforce based on child support documents. That is for child support purposes only.
CC, Expert
You are welcome.
CC, Expert
Hello again, this is CC from JustAnswer. I just wanted to come back into the chat and see if you had any follow up questions or concerns for me? If you do, I will be very happy to assist you further! Thank you!
CC, Expert
Hello again, I just wanted to come back into the chat and thank you so much for using JustAnswer. I wish you the very best in this difficult situation. If anything changes and you have any follow up questions for me, I will be very happy to assist you further. Take care!