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

Q: I was supposed to get my daughter for designated visitation, but her mother won't tell me where she is. What can I do?

Related Topics:
3 Lawyer Answers
Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You can petition the court for contempt of the parenting plan.

Kedra M. Gotel
PREMIUM
Kedra M. Gotel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You should file an Application for Citation of Contempt. You must prove that your ex's violation of the court order was intentional. If you are successful in proving her actions were intentional, you are entitled to an award of attorney's fees and expenses of litigation. Depending on the circumstances, you could also file a petition for modification of child custody and seek primary physical custody of your child. I would encourage to seek legal counsel as soon as possible.

A: If you have a court order giving you visitation then the mother is in contempt for not producing the child. If there is no court order and this was visitation verbally agreed too by the parties, she does not have to produce the child. And if that is the case, the only way to get a court order giving you visitation the mother cannot interfere with is to file an action to legitimize. Speak directly to an attorney to discuss your case in more detail.

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.