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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26828
Experience:  16 yrs. of experience including family law.
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Is there any way in GA i.e. any social organization or county

Resolved Question:

Is there any way in GA i.e. any social organization or county help etc which could enforce or facilitate child visitation without going through divorce or legal separation?
BACKGROUND: I am in Louisiana and my wife moved away with our son (now about 3 yrs old) to GA and lives with her mother. She has not let me see him since 4.5 months. I was able to talk with him over the phone for couple minutes about 3 months ago. She would not respond to my email, texts, phone calls. I have pleaded several times to her for me to visit him to no avail. What are my options and which is the quicker one so that I can see my son?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

You will need to go to court. Or have someone go to court for you.

If you are married still, and both parents are on the birth certificate, then only the court can step into this.

Now, if there is evidence that the child is not being cared for properly, you can contact the GA Child Protective Services and they would investigate...if they find evidence of abuse they can take steps to protect the child.

But short of that you would need to engage the courts to have a custody order issued. Once that happens you could enforce the custody order to get time with your child.

If they left less than 6 months ago, LA still has jurisdiction...so you could file for divorce in LA and seek custody from your Parish Court.

If they left more than 6 months ago, you would need to file for divorce in GA.


Sorry to have to bear bad news
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26828
Experience: 16 yrs. of experience including family law.
P. Simmons and 7 other Family Law Specialists are ready to help you
Expert:  P. Simmons replied 1 year ago.
Hi

The system shows you have a follow on question...but I can not see it (if you did).

If you have additional questions, let me know and if I can I will be happy to answer them.

Customer: replied 1 year ago.

if I wait longer to file for proceedings for child visitaion does that backfire(unfavorabble) to me or does it help me get better visitation rights (showing that I was denied visitation longer. Thx. Is there a time-cut-off for results/judgement to be one way or the other (FYI: they left Louisiana 1.5 yrs ago,so I understand it will have to be pursued in GA)


Also what if my wife is working out of state (PA) staying in a hotel for extended periods of time with her mother and our son being kept in hotel environment for weeks, does that count against her?

Expert:  P. Simmons replied 1 year ago.
This is a tough one...tough since there is not an easy answer.

Had they left within 6 months, it would be easy. Under the Uniform Child Custody Jurisdiction And Enforcement Act you could file in LA and keep the case in LA.

After 6 months are you stuck in GA.

And you ask a great question...do you wait to show mom is unfairly denying you access? Or file sooner.

I would file sooner.

Here is why:

The court will decide this based on one thing, and one thing only. What is best for the child.

NOT what is best for mom or dad...the court cares little about that (when it comes to the custody order at least). The longer you wait, the more firmly the child is rooted in their circumstance, the more difficult it will be to get the court to change it.

I agree, you have a point that mom is not being fair to you. But at the end of the day the court is concerned not about you or the mom...the court is concerned about the child

That leads to your next point...the mom leaving the child to be cared for by grandmom...if there is evidence that this is not good for the child? You bet the court will consider that. And that could be the evidence you need to secure custody. Specifically, if you can show that mom is placing child with grandmother and that the environment is not good for the child, that is something the court will be very concerned about.

So you may want to file this case now (while this issue with mom leaving the state regularly) to press the issue. It may be you can get the court to give you custody based on that alone.
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26828
Experience: 16 yrs. of experience including family law.
P. Simmons and 7 other Family Law Specialists are ready to help you

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