Alpharetta, GA asked in Family Law for Georgia

Q: Can you have an individual trespassed from an apartment complex in fulton county, ga

Stepson lives with us and the mother will not return him. Upon his return we would like to have her trespassed from the property to prevent this from happening again.

Related Topics:
2 Lawyer Answers
Priscilla T. Upshaw
Priscilla T. Upshaw
Answered
  • Powder Springs, GA
  • Licensed in Georgia

A: There are some missing components of your case that make answering your question difficult. The short answer is she would not be trespassing if she is returning the son; this is effectively giving her consent to be on the premises. However, consent to enter private property can be withdrawn at any time by the owner of the property, whether it is personal property or a business, and there must be a reasonable amount of time given for the person to leave the property.

With that being said, it is important to contact an attorney as soon as possible because there are other remedies at your disposal that can be more effective than filing a trespass charge. We are here to assist. Contact us today.

-The Upshaw Law Firm, (770) 240-0922.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Is there a current custody order? If there is and the mother is in violation of that order, she can be held in contempt for willfully violating the order. You should contact an experienced family law attorney immediately to address having the child returned.

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.