Asked in Family Law for Georgia

Q: how does THE MOTHER get her baby back from THE GRANDMOTHER who refuses to give it back in Georgia?

my friend allowed her mother to watch her baby while she moved and straightened out her life. After reaching her goals about a month or more later the child's grandmother suddenly refuses to give child back to mom.There are no court orders giving granny any rights to the child.NOTE Granny's nephew is a deputy in the county they reside, and using scare tactics to keep mom from bothering her mother about the child.

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1 Lawyer Answer
Alake Colwell Furlow
Alake Colwell Furlow
Answered
  • Dacula, GA
  • Licensed in Georgia

A: If there is no court order granting guardianship or custody of any kind to the person who currently has the child, it is kidnapping if the child isn't returned. The mother should call the police if the grandmother refuses to return the child. And it doesn't matter who knows someone in law enforcement. If there is no order of the court taking custody away from the mother, she has sole physical and legal custody of that child.

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