Asked in Child Custody for Georgia

Q: Can I file a motion for emergency custody in GA before my daughter is due to return to her father on July 12?

My ex-husband and I have joint legal custody of our 14 year old daughter and he has primary physical custody per an order with PA courts in 2015. On June 5, 2018, my daughter arrived in GA to begin her summer custody with me and informed me of emotional abuse, harassment, verbal abuse and threats of physical abuse by her father and his grandmother (my daughter and ex live with my ex's grandmother). I filed an emergency petition in PA today but no emergency order was filed and the judge set the date for a hearing on July 26. My daughter has stated to me that she is afraid to return to her father's because he may physically harm her but her return flight to PA is on July 12 (two weeks before the hearing). What are my options in GA? I know that technically PA has jurisdiction because this is the state that she has resided in for the past 6 months but can GA help me in this case?

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2 Lawyer Answers
Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Georgia can only take jurisdiction if it is truly an emergency. This is unlikely if Pennsylvania did not determine it was an emergency. You need to hire an attorney in PA to handle the case.

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: No, this is a Pennsylvania case.

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