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

Q: What right does DFCS's Harris County, GA have to take a young child away from her mother?

It's been over 6 years now since the mother has been able to see her daughter. The daughter was given to the birth certificate named father (They were never married.). He has been told by judges to let the mother see her daughter, but each time she has tried to see the child, the mother has been arrested for stalking. Also, the child was taken to Alabama and is still there now.

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2 Lawyer Answers
Michael D. Birchmore
Michael D. Birchmore
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: This is a genuine mess. First, if the child was born out of wedlock and the biological father (assuming that person is the father you referenced) has n-o-t filed a lawsuit to have the child legitimated, then the man has absolutely no parental rights to the child and should not have the child.) The problems the mother is having is not right, but that is not the worst thing I see in the situation. If the child has been taken out of Georgia and to another state, then Georgia may lose jurisdiction (right to hear the case, authority over, power over, etc.) and the case would be decided in an Alabama court. You mentioned a time period of 6 years. It may be too late to address this in GA. No way to be certain because we don't have enough facts provided here. The one thing that needs to be/must be done immediately is for someone to meet with a GA attorney to figure out the next steps. There is no time to waste. The way it appears now, is that a child has been taken to another state by a man who does not have the legal right to have her (even with the court order.)

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

A: This case seriously needs an attorney involved. Consult with an attorney who can present you with the options on how to address this situation.

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