Kingsland, GA asked in Family Law and Juvenile Law for Georgia

Q: What if my wife took the children and left them with her sibling and doesn't stay with them? What can the father do?

Related Topics:
1 Lawyer Answer
Eric J. Garber
Eric J. Garber
  • Augusta, GA
  • Licensed in Georgia

A: It is unclear from your questions as to whether you have a formal custody order established or not as to the subject child. If you do not have a formal custody order, both you and your wife (assuming you are presently married and gave birth to the child during your marriage) have equal rights and parental authority over the child. As such, if your wife's sibling refuses to return the child to you after you have requested that she return the child to you, your wife's sibling is withholding the child from its legal guardian (i.e., you), and you can contact the police and request that the child be returned to you. If the police are refusing to do so, you will need to file a habeas petition against your wife's sibling in the Georgia county where your wife's sibling resides requesting that the court compel the sibling to return the child to you.

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.