Hello -

Thank you for contacting JustAnswer.

This is a very difficult situation, I know. You want to do what is legal, but also protect your children.

First, I will have to tell you that you are not going to be able to keep your son, unless you honestly and legitimately think he is in imminent danger or is being abused. If you believe he is in such danger, you could petition the court for temporary custody until the Court can make a more permanent determination. However, it does not sound like this would be granted, unless your son mentioned specific instances of abuse. The fact that your son is "not happy" there right now isn't a reason for an Emergency Order.

Other than that, you can simply Petition the Court for Child Modification and try to get custody of your son if you are worried about his well-being.

Finally, I am going to give you a common sense answer, but an answer that is probably the hardest to accomplish: talk to your ex husband. Explain to him what the child is saying. Don't do it in a mean or antagonizing way. Voice your legitimate concerns and ask him to work on his mood and attitude. He is going to continue to be in your life so you've got to try to communicate.

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Regards,

Michael

Thanks for your response. If you do not have physical custody of your son, you are not going to be able to keep him longer than you and your husband agreed. If you do, he may try to get you in trouble with the Court for contempt.

Since the child lives in NYC, you are probably going to have to file for custody modification there. The court in GA should have emergency jurisdiction, so they would be able to hear the Petition for Emergency Custody.

I would speak to a family law attorney in your area to get your options straight.

If my answer was helpful, please click ACCEPT so I may be compensated for my time. Thanks.

Regards,

Michael

Thanks for your response.

The child's statement is probably not enough, but you could try. To take care of this "ex parte" (without notice to the other party), you are really going to have to prove to the Judge that this in an Emergency (i.e., the child is in immiediate danger if he goes back).

As far as the 126 days go, perhaps I have mistaken your custody arrangement. You said in your first post that you have physical custody of your girl and he has physical custody of the boy. That means that you just have visitation rights to the son, and not custody, correct? And if I understood your question correctly, you asked if you could keep your son for good because he was in danger if he went back. My answer to that is that if you only have visitation, you are not allowd to keep the child longer than whatever is agreed upon in your visitation schedule. If the agreement is something else, my answer would depend on your agreement.

If my answer was helpful, please click ACCEPT so I may be compensated for my time. Thanks.

Regards,

Michael

If your parenting agreement allows you 126 days with your son, and does not give any other restrictions, then you would not be in violation of the order by keeping your son. However, you will open the possibility of your ex filing a kidnapping or some other complaint anyway because you are not returning your son as agreed.


If my answer was helpful, please click ACCEPT so I may be compensated for my time. Thanks.

Regards,

Michael

I would ask that you please click ACCEPT if my answers have been helpful. I will be happy to provide follow up answers.

Regards,

Michael