Q: I'm married but separated can my husband show up with the police and take my kids? Do I have to let him take them?
He's been charged for domestic violence and has basically abandoned them until now.
A: You need to hire an attorney and file for divorce. If he's been charged with domestic violence, it is quite possible that he has a bond condition that would prevent him from coming to your door or contacting you period. That said, don't chance it. The police are great, but they are not trained in dealing with family law cases. If you don't have a court order, they will make it up on the spot. They only want to diffuse any potential domestic situation and get out of there. They are not interested in mediating your separation. That is what the courts are for, so get an attorney and file so that the courts can do their job protecting you and your kids.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Georgia
- (770) 854-0777
- View Profile
- Answered
A:
You need to hire an attorney and file for divorce. Both parties have equal rights to the children until there is a court order otherwise, so you need to obtain one.
_____________________________________________________
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 2018.
www.EdwardsDivorceLaw.com
404.238.7808
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.
