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I have legal custody of my granddaughter from the state of…

Good morning, I have...

Good morning, I have legal custody of my granddaughter from the state of colorado and I came to georgia to pick her up to return to colorado but my soon to be ex son in law has detained the child (he is not the biological father) and petitioned the court in forsyth county georgia for emergency custody of my granddaughter which was granted as far as i know

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

We are in georgia and it is the forsyth county courts

Lawyer's Assistant: Has anything been filed or reported?

I talked to the police 3 times yesterday to get her back and was told my credentials from colorado made no difference he filed for temporary custody which my daughter has signed in jan 2017 but he just filed it yesterday

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Could i report him as a kidnapper or what do i need to do to get her back please and thank you!

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Answered in 26 minutes by:
3/14/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 870
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear that you are experiencing these issues. It is not uncommon for people to attempt to take advantage of a situation by going to another jurisdiction to attempt to obtain custody. It is also not uncommon for law enforcement to not act in cases where there are competing custody orders.

That being said, if you have a court order of custody from Colorado and the only contact to Georgia by the child was limited in time, generally less than 90 days, you likely fall under a concept and law called the Uniform Child Custody Jurisdiction Enforcement Act. If the above as to time and your having an order is accurate, (with no other emergent factors being present) based on the remaining facts you provided, Colorado would likely be the child's home state and any action to address custody would likely have to be brought there. The good news for you is that if he just obtained emergency custody then there should be another hearing coming up soon and if not you should request one and the situation can be explained to the Court and a Judge will have the ability to rescind or cancel the emergency order.

That all having been said it is critical that the Court in Georgia learns of this in the proper fashion as soon as possible (through proper hearing with all parties having received notice). This means that you need to immediately contact a family court attorney in Georgia, preferably in the county where the order was issued, and have them assist you. I have attached here a link to a web site where you can search for an attorney Martindale.com.

I wish I could tell you it was not so, but this happens with a good deal of regularity, someone not being honest with a Court forcing someone who is a fit custodian with a court order to have to go to Court to enforce their rights.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 870
Experience: Family Law Attorney in Private Law Firm
Verified
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Category: Family Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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