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

Q: I’m looking for the best strategy to get my children back from the other parent who has refused to communicate.

The other parent has temporary custody and refuses my court ordered parenting time and cut off all communication. I was thinking about a petition for writ of habeas corpus and emergency return of child especially since he only has temporary physical custody as I am primary custodian by divorce decree…

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

A: It is unclear why he would only have temporary physical custody if your divorce is final and you have a divorce decree, as you put it. Therefore, my best advice is to speak to an attorney. Because a petition for write of habeas corpus is not what I would advise. And again, if your divorce is final, why are your orders temporary? So it sounds like your divorce case is not final, there is no decree, and if that's the case, you need to address his failure to follow the temporary order in your current action. And I would have an attorney representing me to do this.

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