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I have physical custody of my 4 yr. old daughter and mom takes her out the state against my will and seeking emergency custody.

Asked over 2 years ago - Atlanta, GA

I was granted physical custody back in Aug. of this year of my 4 yr. old daughter after the mom willfully signed mother's consent form to avoid any legal confrontation; the mom was granted visitation every other weekend, vacations and holidays as well put on child support. My daughter whom was residing with me from April of this year and started attending school back in Aug. of 2009 was given an unexpected visit from mom on the first weekend of the the month; So therefor I released my daughter into her care on the first Saturday of October of 2009 and on Sunday evening I stated to call her phone I got no answer from 6:45 that evening until midnight, Then I proceeded to call the authorities and file a report. I have a report here in GA, filed motion for contempt, deputy in FL;state she Lve.

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After filing a motion for contempt (which I already done); I have to have her served but, the issue at the moment is I have no known home address for her but, I do have a work address at which the Sheriff's office in Broward County Florida is waiting for me to make it to Florida with the documents to have her served and have my child returned to me. The question I have is; what may I do here in Georgia to maybe have her served beforehand, as well as requesting a denial of her request for emergency custody.

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Attorney answers (1)

Shea Evans Roberts

Reputation Level 10

Answered over 2 years ago. Family Law Attorney in Atlanta, GA.

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I think you are saying that she has taken the child to Florida and she has not returned her pursuant to the custody order. A motion for contempt is the appropriate pleading to file. There are complex issues regarding jurisdiction, service, etc. I would highly recommend that you retain an attorney to assist you ini this matter. I can imagine that you are extremely distressed over this and you want to make sure that you accomplish the return of your child quickly and with as little drama as possible for the benefit of your child. An attorney could advise you on how to accomplish this and navigate the complex issues.

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