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?

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1 Lawyer Answer
Eric J. Garber
Eric J. Garber
Answered
  • 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.

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