How can I get to see my children?

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How can I get to see my children?

I allowed my children to stay with their grandmother when their father and I split up, until I got on my feet. She does not have legal custody or guardianship. In the time she has had them, they’ve always spent the weekend with me whenever they wanted to. Now she is trying to not let them come with me since I’m almost prepared to get them permanently. I told her that I was going to get them for a few days and then she called the sherriff. The officer told her that as soon as I pulled onto the property they would arrest me immediatley. Can they legally do this? And if so, on what grounds?

Asked on November 24, 2012 under Family Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to be absolutely certain she did not get custody or guardianship of them.  Further, if you go on someone's property, you can be arrested for trespassing. Trespassing is a crime and so her way around from you seeing your children is the trespass order. If your children are not under a legal guardianship or custodial arrangement with her, you should talk to an attorney about your options to have your children returned to you. Be prepared, however, because it sounds as if she is ready to fight back so you want to make sure your ducks are in a row. Make sure you have sufficient funds to take care of them, you are not in trouble legally, you have a steady job with a clean, safe place to live that gives these children plenty of room, etc. You cannot leave any stone unturned.


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