Her mother is mentally abusing her, threating to hit her and my daughter is calling me crying wanting to live with us. If we get her until we go to court can we get into trouble or how do go about geting her until we do go to court ? My daughter said she doesn't feel safe there and her stepdad is really mean to her and yells at her all the time. We just want her safe. What can we do ?
You should retain an experienced custody attorney immediately. If your attorney is persuaded that an emergency exists, then an emergency petition for temporary change can be filed along with a petition for permanent change of custody. However, if there is not a true emergency, but merely discomfort, you would be smart to save your money on the emergency stuff and just petition for change of custody based upon the election of a child over age 14, pursuant to statute.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
Your question appears to be "if I defy a court order" and keep her until Court what happens?
You may go to jail for your deliberate defiance of a court order. You likely will have to pay mom's attorneys fees. And you will probably blow your chance at a custody change.
You CANNOT use self-help to defy a judge. What you do is get a lawyer. If there is an emergency you may even seek an emergency temporary order. But you don't do anything until and unless the judge (and your lawyer) say you can.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at [email protected] . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
To obtain primary physical custody of your daughter, you must file a petition for modification of your existing custody order. Until a new order gets issued, you are required to abide by the terms of the existing order. To fail to do so (to keep her prior to an order granting you the right to do so), would be a violation of that order and could place you in contempt of court.
To obtain custody quickly, you may need to file a request for an emergency hearing. But you must have a basis for such a hearing.
I strongly suggest you contact a Family Law attorney to assist you with this endeavor.
I hope this information helps answer your question(s).
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
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