Q: I have primary custody and non custody parent fled ga with child. Can I file an emergency hearing without other parent?
Mother has been located in another state, children are currently in foster care due to mother being arrested and secondly because mother has allegations of abuse. Other state has proof that all allegations in Ga has been closed but is still seeking jurisdiction over my children
A: You can generally file for an emergency hearing in Georgia without the other parent if they have violated a custody agreement. This is particularly relevant if the children are in another state's foster system due to the other parent's arrest. Legal complexities involving multiple states and child protective services make this a complicated issue.
1 user found this answer helpful
A: I would consult directly with an attorney because there’s a lot of information missing from your question. If you are the primary custodian, why weren’t the children simply released back to you? Consult a lawyer regarding jurisdiction and how you need to move forward.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
