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

Q: Does FL have to follow GA child laws

I gave birth to my son in FL and his "father" did not sign his birth certificate. After a year in FL my son and i moved back to GA and stayed for 14 months making him and i GA residents. On May 21st i was trying to return to GA and his "father" wouldn't give me my child and FL police won't force him to return to me.

What laws or documents can i file to force him to return him to me?

've tried filing in FL and they said i don't qualify to fle due to not being a FL resident

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

A: The father is kidnapping, plain and simple. Even if he had signed the child's birth certificate, that gave him zero rights to that child. If the father has not legitimized, he has no rights, no custody, and no visitation. He should return that child or he is committing a crime. I'm shocked the police did not inform you that the father was kidnapping because he has no court order giving him any custody or visitation. You should immediately hire an attorney to help you file for an emergency hearing. You would be filing your case in GA and having the father served in FL. Speak with an attorney directly.

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