Guyton, GA asked in Criminal Law and Family Law for Georgia

Q: Court ordered visitation of my daughter.

I tried to pick up my daughter for my court ordered visitation for Spring Break/Easter. Her mother refused to give her to me, citing the Corona virus. However, she allowed her other child to go with that child’s father. We asked City of Griffin police to step in and help us. They went and talked to the mother but she also told the police that she was not going to allow me to have my daughter. They walked away and did not help me enforce my order. Isn’t this Criminal Interference with a Custody Order? How can we get someone to help us? We have the most recent order from the Governor’s office but the police and DA (Marie Broder) are still refusing to help. How can we get assistance in getting my daughter. The Mother is on probation for recently getting a DUI with both girls in the car, so her license is suspended. I drove 4 hours last night to pick her up because I was told an officer would assist me. However, upon arrival, they did not. What are my options?

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3 Lawyer Answers
Michael D. Barber Jr.
Michael D. Barber Jr.
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You need to file a motion for contempt with the court. Most courts are still enforcing provisions for custody through the covid 19 infection. You could also file other motions as well. Unfortunately because of the nature of these actions it isn't technically criminal.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: The governor's order 2 days made clear that parenting time arrangements were to remain in place. You need to document your efforts to e force your patenting time, then seek an attorney to file for contempt. You can send her a copy of the governor's order stating parenting time arrangements should remain in place.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: The parenting orders should still be followed. You should consult with an attorney regarding filing a motion for contempt. -Homer P. Jordan IV, Esq. 404-620-1558

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