Q: Can a Mother of a child give custody of her child to someone to keep the father of the child from getting the child?
My Brothers X took there little girl and moved to Ga. She has said that she gave custody to someone and that we will go to Jail if we try to get her. Can she do this?
A:
If she took the child less than six months ago, everything can be handled in her last state of residence if your brother also lives in that state. Otherwise, he needs to pursue the matter in Georgia by filing for legitimation (if he hasn't done so) and custody or visitation.
He should file it in the county where the mother lives. At that point, the mother will have to disclose the whereabouts of the child. If she in fact gave the child to someone else, he will need to bring that person into the court.
He needs to act right away.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
