Macon, GA asked in Child Custody and Domestic Violence for Georgia

Q: When is emergency return of child appropriate?

2 Lawyer Answers

A: There is way too much to unpack there without details.

First of all, if anyone is under threat then law enforcement needs to be called if only to ensure safety AND create a neutral witness to any child related issue.

A lawyer will need to obtain substantial additional details before a filing removal can be considered. And if there is any previous interaction with DFCS or protective services, they are going to be necessary parties as well.

A: Only the court decides if there is an emergency situation and if they should order the return of a child. There is no set list of what’s considered an emergency. It depends on the facts of each individual case.

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