Q: How can we obtain legal custody of legitimized kids involved in domestic violence?
My husband and I currently have his two legitimized kids living with us. The biological mom left them with us but wants to them back. The mothers is in a abusive relationship and the kids have been witness to this. The children are afraid and do not want to return, The boyfriend has a criminal history of domestic violence. The mom and guy have now moved 1000 miles away and want to take the kids. One child is school age the other is preschool.The oldest has lived with us 2yrs in GA while bio mom lived in Arkansas. what rights do we have if we do not release them to the mother?
A:
You will need to consult with an experienced family law attorney. No one can advise you on the possible outcome of your particular case without reviewing what was ordered previously, hearing your story, knowing the county, judge assigned, etc. This forum is best for general questions.
An general answer is, if there is a custody order in place giving the mother custody, then the father does not have the right to keep her. In any event, he needs to file a case to ensure the children stay with him legally.
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
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