I live in one state any my son’s father lives in another but he won’t return our son to me, can I go get my son if I have custody?

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I live in one state any my son’s father lives in another but he won’t return our son to me, can I go get my son if I have custody?

I let my son stay with his father in another state to see if he liked it. My son has been with me since he was born he is now 12. I was supposed to pick him up the day after Christmas but now the father is saying I would have to fight in court for him. Would he would have to come here to fight in court?

Asked on December 14, 2012 under Family Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have legal custody of your son via a court order, then take a certified copy of your court order to the state where your son is and go get him.   You may also ask the police department in that city to come as a civil stand-by to insure the peaceful return of your son.  If he wants to fight for custody, he needs to file a motion to modify the court orders in the jurisdication where the orders were originally entered--- he doesn't get to sua sponte change the orders.  As an additional measure, you may want to consider filing criminal charges for "interference with child custody" or "parental kidnapping".  Not every state has this charge, but if the state where your ex- is now does have this charge, consider this as an additional incentive to get him to comply with the court orders.


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