Atlanta, GA asked in Family Law for Georgia

Q: I have joint legal custody of my son in ga. But primary physical. His dad lives in fla and is trying to keep him...

Can he keep him without a hearing?

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1 Lawyer Answer
Beverly L. Cohen
Beverly L. Cohen
  • Roswell, GA
  • Licensed in Georgia

A: The answer to your question is far more complicated than what can be addressed here. If you have primary physical custody, your child’s father cannot legally keep him from you past his normal visitation time. However, in order to get your child back, you may need to file a legal proceeding where your child is which will necessarily involve a hearing. My advice is to consult with an attorney in the state where your child is being illegally detained.

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