My son is with his father and for safety reasons i asked for his address and he told me no and that i couldn’t come get

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Customer: please, my son is with his father and for safety reasons i asked for his address and he told me no and that i couldn’t come get him. My son and i stay in Ga and the father stays in VA but i am currently in the state the father stays in.
JA: Who currently has legal custody?
Customer: I do, we did not sign any legitimize paperwork
JA: Is there a child custody order in place?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by CC in 3 mins 5 months ago
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CC
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CC
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10+ years of experience
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CC
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34690 Satisfied customers

Jessica

Jessica

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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.

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CC, Expert

I am sorry to hear of this issue. How old is the child?

Customer
1
Customer
Hello CC
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CC, Expert

Is there a custody order in place?

Customer
No ma'am
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CC, Expert

Is the father listed on the birth certificate?

Customer
Hi
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CC, Expert

How long has he had the child with him?

Customer
Since Saturday so three days now
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CC, Expert

What state is he in?

Customer
We are currently visiting in VA
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CC, Expert

When was he supposed to return the child to you?

Customer
He isn't suppose bring him back until Wednesday however for safety reasonings i wanted the address where my son is and he told me no and that i couldn't pick him up (which i wasn't )
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CC, Expert

Okay. Please allow me a few minutes to prepare a response for you.

Customer
ma'am
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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.

Customer
Okay thank you .. this certainly helps
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CC, Expert

You are welcome. Were there any other questions that I can assist you with on this topic today?

Customer
With the father not being the primary or sole custodial parent, it's not illegal for him to not tell me where my son is because i don't have a custody order?
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CC, Expert

It is not. Neither parent is primary or sole because there is not a custody order in place establishing this.

Customer
In Ga i read and was told that with our signing legitimizing paperwork there's an automatic making the mother the sole ?So what's the purpose of legitimize
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CC, Expert

You are not in GA currently so the laws of GA do not apply.

Customer
Okay so even with my Ga issuer birth records that doesn't apply either because I'm not in GA
Customer
VA*
Customer
Hi
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CC, Expert

The birth certificate has nothing to do with custody.

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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.

Customer
I know that I'm just asking for general purposes . Because if i had paperwork showing i am the primary parent and it was issued in GA it wouldn't matter because I'm in VA?
Customer
Or that paperwork would be allowed anywhere ...
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CC, Expert

If you had a custody order then it would be enforceable in VA, but you told me you did not.

Customer
Because with child support it states I'm the custodial parent ... I'm sorry I'm just trying to understand i hope I'm not being too much
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CC, Expert

Police will not enforce based on child support documents. That is for child support purposes only.

Customer
Okay, thanks just making sure what all counts and what doesn't
Customer
No more further questions thank you for your time
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CC, Expert

You are welcome.

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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!

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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!

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