ABDUCTION CASES
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ATLANTA ABDUCTION LAWYERS
Representation in Family Law Abduction Cases in Fulton, Clayton, Cobb & DeKalb Counties
Child custody is often one of the most disputed and divisive issues for parents who are divorced, separated, or who have never been married. Parents can be pitted one against the other for custody rights and, even after the courts have ruled on the issue, parents can remain embattled. This can lead to a parent refusing to turn a child back over to the other parent after visitation and other problems that may need to be resolved through modifications or enforcement actions through the court. However, where a parent abducts a child and thus interferes with the other parent’s parental rights, it can go beyond a civil court matter and become a criminal matter of “parental kidnapping.”
If you believe your child has been abducted, you may be justifiably fearful and anxious about his or her safety and welfare and the psychological or physical harm of such a separation. When in such a situation, we advise that you reach out to one of our experienced family law attorneys as soon as possible. The laws surrounding these types of situations are complex and the facts and circumstances of each instance are unique. At Atlanta Family & Immigration Law, we have extensive experience in Georgia family law and can help you navigate your case through appropriate legal action.
Abduction Cases in Georgia
“Stealing” your own child may sound overdramatic yet it can be a real matter for concern for a parent who shares a child through court custody orders with the other parent. Such an act may only consist of a failure to return a child on time after scheduled visitation which could occur for various legitimate reasons.
However, it can also include a real attempt to permanently remove the child from the other parent’s control. Reasons for this can vary widely, from a strong disagreement in how the custody was decided to spite and revenge against the other parent. In some cases, it may consist of an attempt to shield the child from suspected neglect or abuse, such as when a parent (or someone in his or her current home environment) is addicted to drugs or alcohol, engages in criminal activity, or has a history of family abuse.
When a parent “kidnaps” his or her own child, it may be considered a crime for which he or she will face criminal penalties. It will also never be looked on favorably by a family law court. It will almost certainly end in that parent losing custody of the child. Severing a child’s relationship with a parent can be traumatic and damaging, especially for very young children. Thus, courts find this a particularly cruel action which can end badly for the offending parent. Only in cases where a parent takes a child whom they feel is in danger of harm could this be considered permissible. These would be the type of cases mentioned above, involving substance abuse, physical abuse, and other threatening situations.
The best way to protect your child from danger in a custody situation is by going through the courts. This may involve seeking a protective order (restraining order) or an emergency custody order for sole custody, supervised visitation only for the other parent, or other directives to ensure that the child remains safe.
As you can see, abduction cases are extremely complicated. Because of this, it is essential that you have the representation of an experienced attorney to help you navigate this situation. Atlanta Family & Immigration Law has the experience, dedication, and resources needed to help you resolve this critical issue.
Arrange for a consultation with at Atlanta abduction attorney by contacting Atlanta Family & Immigration Law via our online request form or by calling (678) 679-6415.
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