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

Q: if the father of my child moved out of state with my daughter without legitimacy what actions can I take?

he is rejecting me from getting my child back in my custody as well as mentally abusing her. she has been with him for over a year refusing me of any rights. he recently told me that he has papers saying that my child has to remain in his custody until the court says he can have custody. I do not know how true that is but I am willing to put up a fight in case. he tried to get legitimate but failed to show up in virtual court. they asked me if I wanted to drop the case and I did. I will like to know what actions can I take. I feel as if he can be saying anything to make me look like I am not responsible for my daughter. He don't provide me with any information as to what school she is in, any teacher numbers, her reports. Instead I ask my daughter the questions about her school and how she is doing. I would like to know what actions can I take please.

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

A: You need to report this to the Police. If I understand you correctly, this man has kidnapped the child. If the child was born out of wedlock AND if the man NEVER legitimated the child, the man has absolutely -- NO RIGHTS whatsoever to the child. None. Letting this go on for more than a year without doing anything does not speak well for your parenting skills. It would not surprise me if DFCS becomes involved in this matter on some level.

1 user found this answer helpful

Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You need to speak with an attorney about your case so they can research. I do not recommend calling the police unless a child is in danger and it can be confirmed that he doesn't in fact have a custody order. An attorney can research this for you.

1 user found this answer helpful

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