QUESTION
What do I do if my wife left the state with our 5 year old daughter?
Asked on Jun 19th, 2012 on Child Custody - Georgia
More details to this question:
Tracy (my common law wife) has left and took our daughter and has not contacted me in 3 weeks. Tracy has seizures that incapacitate her sometimes for hours, she has a drug problem and is a convicted felon (3 felonies ) . the courts have taken her other 3 children from her for her drug and criminal history , she also ran with her other children and wasnt for for nearly a year, they found her living in a tent with the kids, high.
1 ANSWER
You have a very serious problem that requires the immediate attention of a competent attorney with experience in child custody matters. You should discuss with him the application of the Uniform Child Child Custody Enforcement and Jurisdiction Act (UCCJEA). Depending upon the facts of your case, it is possible that a Georgia Superior Court may have jurisdiction to award custody to you in the proper circumstances. There may also be questions of law and fact regarding whether you actually have a common law marriage. If you did not establish your relationship in Georgia before July 1, 1979, or in another state in accordance with that state?s law, you may not have a common law marriage. If you did not have a valid common law marriage at the time of the birth of the child and if you have not taken any action to establish the legal relationship of parent and child between you and your daughter, your task will be a bit more difficult and complicated.
Answered on Jun 29th, 2012 at 9:44 AM