Can I get a Temporary Order to Return my Child?

Asked about 1 year ago - Senoia, GA

My husband and I are separated but not legally. Our three year old went to Missouri to visit him and he is now refusing to return her or let me even speak to her. I had never had a reason not to trust him before. I have just filed for divorce (contested). Is there anything I can do to get a temporary order to return her. I in no way can afford an attorney without a payment plan as I am a single parent of two getting no help from the father. Do we already have to be divorced to file a Writ of Habeas Corpus? Or can I file a motion for Pendente Lite? Is there any way I can speak to the judge and have him do a temporary order?

Attorney answers (2)

  1. Glen Edward Ashman


    Contributor Level 20


    Lawyer agrees

    Answered . You HAVE to get a lawyer for this legal emergency and you should do it yesterday. Some lawyers may accept payments, and you also may need to use credit cards and borrow from friends and family. Even a few days matter.

    A writ of habeas corpus,etc have nothing to do with divorce. And you cannot speak with the judge without both sides present in most cases. A lawyer may be able to get a temporary order. Your chances of getting one without counsel are likely zero.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Emily Su-Hwa Yu

    Contributor Level 14

    Answered . I agree with my colleague that you should retain an attorney ASAP. If that is not an option, please consider speaking with one or working with one to help you draft the necessary the paperwork without going to Court with you. You will need to file a motion or at least complete a form prior to getting your temporary hearing depending on how your county/judge handles these issues. Please call to speak with an attorney who can provide you a bit more guidance!!

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