Rome, GA asked in Child Custody and Family Law for Georgia

Q: My son is 16 , he wants to live with his mother. I have full custody of him. Can i still take him from his mother?

She is blackmailing me saying if i try take him from her she will put me in jail. But i have custody and she has nothing.

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4 Lawyer Answers
Regina Irene Edwards
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Answered

A: If you have custody via a court order, you can't go to jail for enforcing the current order.

Homer P Jordan IV agrees with this answer

1 user found this answer helpful

A: I agree with my colleague. Additionally, you have other options available to you to ensure your son is with you. It may be best to consult an attorney who can help you with the specifics of your case. We are glad to assist you. Contact us today.

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

1 user found this answer helpful

Ellaretha Coleman
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Answered

A: You can not be jailed for taking possession of your son that you have custody of. However, if the 16 year old wants to live with his mother and signs an affidavit to that effect, that could give rise to grounds for a modification of the current order.

A: I agree with my colleagues, if you have a court order granting custody you won’t go to jail for enforcing it. But I agree that at 16 if he wants to live with his mother they could take a legal route to make that happen. -Homer P. Jordan IV, Esq. 404-620-1558

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