Dalton, GA asked in Family Law for Georgia

Q: My ex-husband picked up my 2 children for a regular visit and now refuses to return them.

He brought false allegations of sexual abuse against my current husband which were officially investigated & dismissed completely because they were total lies. How do I get my kids back?

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1 Lawyer Answer
Paula J. Mcgill
Paula J. Mcgill
Answered
  • Marietta, GA
  • Licensed in Georgia

A: First, hire an attorney. It is so important you do this immediately.

If you cannot afford an attorney, file an emergency petition for contempt and request an immediate return of the children. I assume the order that gave you custody is still the current order.

In cases like this, the police may be available to get involved if you show them the order that gives you custody of the children. This may be your first option. However, many times, the police don't want to get involved and often direct parents to the court for a resolution.

You can also seek to obtain a writ of habeas corpus. Again, you should obtain an attorney who is located in the county that issued to order to determine if this is the proper procedure.

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