I want a court order saying my daughter cannot be taken out of the state of Georgia by her father...

I want a court order saying my daughter cannot be taken out of the state of Georgia by her father...?
How do I go about doing that? My daughter's fathers family is in Ohio, Kentucky and West Virginia. I consider her father a flight risk in that matter. I want to have a court order saying he cannot take my daughter out of the state of Georgia. There has not been a visitation order by the courts and we are both unmarried. He comes to get her for the weekend this coming Friday. Is there any way I can get this done super fast?
Law & Ethics - 7 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Hire an attorney super-fast.
2 :
You can certainly try, but you will need more proof then the fact that he has family living out of state to convince a judge that he is a 'flight risk'. I suggest that you hire an attorney, you are looking for a court date and a court order in less than 3 days, not very likely, especially with no custody or visitation order from the courts.
3 :
If your daughter is old enough to use a telephone, make sure she knows your number, and tell her to call you if there are any problems. And tell her if things drag out (and she's in some other state) to make a scene in a store and yell "Help! Police! I've been kidnapped!", so that people at the store will help her. Good luck.
4 :
First off don't even consider the option above (Elena) as this can lead to severe consequences for you and ofc endangering your child is not an option. Considering the visitation order is none, you could appeal to the court expressing your regard on the matter, but in my opinion it's not going to work, you should hire a lawyer to make the proceedings "I consider her father a flight risk" - the thing is that you consider him that not a coercive force state body or something similar ... you should regard the fact that he has the moral, paternity right to see his daughter and leave aside your judgment,ambition, grudge... considering he hasn't done any faulty act regarding your daughter
5 :
You should have done this long ago to avoid this situation. Start the process now for later...but if you have been doing this for a while and there has been no problem before this then why are you worried now? If you were really worried why would you NOT protect your daughter by doing something earlier.??? In all actuality...the child is in your custody. WITHOUT proof he is the father...paternity test and orders of the court it is up to you to let him have the child or not. It is up to HIM to go to court to get custody. To get child custody orders he has to prove paternity with a test...all courts require it. Same with child support...he has to have a test to show he is the father to be responsible for support! Otherwise he isn't legally responsible for money for this child. You might want to call legal aid and see if there is something that can be done NOW...but without a history of violence or previous kidnapping and not returning her...it will be difficult. Just your suspicions are not taken that seriously as many parents fight over children and put them in the middle and make outrageous claims. I AM NOT SAYING THIS IS YOUR CASE....don't get upset with that statement. I am a Guardian Ad Litem with Juvenile court and I have seen parents make statements to courts to get even and out of control to get more money etc. We do not know your situation and the history so no one can answer this for you. Court has to sort this out if you can't come to an agreement. You SHOULD get this all done in court...child support and custody issues are serious things and should ALWAYS BE SETTLED IN COURT to avoid problems and drama. Many times dads take children and nothing can be done if there is no court custody orders stating when and how and times of visitation. A child also has to be so old to be taken OUT OF STATE....without permission of the other parent. AGAIN...each state is different in this! You can tell him since there is no visitation order by court you are not allowing her to go anywhere and he has to get a court order to get it. The problem with that is making him madder and possibly causing more problems down the road...but if you really feel he is a threat...then just don't give her up to him. Get things settled in COURT .....for HER SAKE. In the meantime...watch her closely when she is not around you.....if he is a flight risk and you make him angry...well...you are risking a LOT!
6 :
No, this will take some time. The only way you can do that is to get sole custody of her, and you'll have to file a lawsuit to do that. Go see an attorney. The attorney can also help you establish a safety network with the child's school, daycare, etc. in the interim.
7 :
If there is no visitation or court order giving him visitation, don't let him take her as if he has her, he could sue for custody (possession being 9/10th of the law) and then you be paying him child support. Go to court and file for full custody (residential/legal) and ask to determine paternity, set up visitation AND child support through the court system. And tell her father that he can see her in your house (with witnesses present) or after the visitation is set up, not before. By the way, until the court assigns custody, you retain full custody by virtue of being the birth mother, especially if paternity has not been confirmed. Stay firm on this and don't risk letting him take your child before your custody has been confirmed and visitation has been court ordered. Get this started now and refuse to let him take your child for visitation until the judge says you must. Good luck.