Asked in Family Law and Child Custody for Georgia

Q: Can I get my kids from another state or keep them and not let them go back when they come to Georgia?

I am the biological mother and I had a temporary agreement with their father for him to keep them until I got off of night shift. Once I did and went back for them he will not give them to me and the police will not help me because they say I have no rights in their state since I'm from Georgia. He lives in South Carolina and won't give them back simply because he does not want to be on child support and one of my children is autistic and he has not brought him back to Georgia to be seen by his behavioral specialist since he left so I'm not sure if he's even seeing a doctor. We do not have a court ordered custody agreement.

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

A: You didn't state how long the children have been in SC.

You also haven't said if you have gone to SC.

In any event, it will be quite easy if the children have been in SC less than 6 months.

In Georgia, if the parents were not married and the father hasn't legitimated the children, the mother has sole physical and legal custody of the children.

Contact a SC attorney in the county where the children are currently located to find the best option for you. However, the longer you wait by just sitting in Georgia, the harder is going to be to get them back.

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