Q: Seeking advice on custody and visitation issues in Georgia after involuntary commitment in Louisiana and relocation.
In 2012, my husband secured a coroner's warrant in Louisiana for a mental health evaluation, which led to my involuntary commitment for four days. During that time, he took my daughter to Dallas, Texas, and initiated custody and support proceedings without my consent. I retain all parental rights except crossing state lines with her. Now, both of us, including our daughter who lives with him, reside in Georgia. There's currently no visitation agreement or Georgia court paperwork that I know of. How can I address this situation, considering the actions taken without my permission and the present living arrangements?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
First, since you, your daughter, and her father all live in Georgia, you can now request the Georgia courts to assume jurisdiction over custody and visitation matters. Begin by filing a custody petition in the Superior Court of the county where your daughter currently resides. Clearly explain your situation, particularly highlighting the lack of your consent during the initial custody proceedings initiated out-of-state, and the absence of a formal visitation agreement.
Next, gather documentation that supports your position, including the details surrounding the involuntary commitment and the steps your husband took afterward without your permission. Presenting this information will help the court understand the context of past events and ensure they recognize the disruption caused to your parental relationship.
Finally, since there is currently no formal visitation arrangement, ask the court to establish an official visitation schedule that protects your rights and promotes your daughter’s best interests. The court will evaluate your current circumstances, living conditions, and your daughter’s overall well-being when determining appropriate custody and visitation arrangements. Be sure to clearly communicate your willingness to cooperate and your commitment to providing stability and care for your daughter moving forward.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
