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

Q: Can a husband legally come and take the children from the mother if he hasn’t been there in 7 months

My daughter kicked her husband out of the home back in December due to violence I’m the sole care taker of my daughter and kids this man does not pay support or help with any thing these children he drinks and does drugs doesn’t have a home or job he calls her daily making threats he will have the police come take the kids if she doesn’t do what he says I need help in this matter can he do this

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4 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Yes. When the parties are married, they both have equal rights to the children. A divorce needs to be filed in order for a court to intervene in parenting time.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

V. Joy Edwards
V. Joy Edwards
PREMIUM
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: That situation sounds dreadful! Both parties have equal rights to custody BUT it sounds like your daughter's husband would be putting the children in an unsafe situation. We need to get before a judge ASAP to get an order in place for custody so he can't keep threatening your peace. Call me so we can get the process started.

V. Joy Edwards

The Edwards Law Group

770-723-7211

V. Joy Edwards
V. Joy Edwards
PREMIUM
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: That situation sounds dreadful! Both parties have equal rights to custody BUT it sounds like your daughter's husband would be putting the children in an unsafe situation. We need to get before a judge ASAP to get an order in place for custody so he can't keep threatening your peace. Call me so we can get the process started.

V. Joy Edwards

The Edwards Law Group

770-723-7211

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

A: Duplicate question... Until she divorces him, he has equal rights to the children. So he can come and take them, just as she can take them. It would be wise of her to consult with an attorney about her options to move forward with a divorce if that is the direction she wants to go in. -Homer P. Jordan IV, Esq. 404-620-1558

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