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Old 08-12-2000, 11:58 AM
Kathleen00
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Mother of four children. Eldest child elected to live with father when child was of legal age to sign affadavit stating his wishes. Now, almost 1 yr later, eldest child wants to come home, misses siblings and realized it was a mistake. Eldest child signed affadavit stating his desire to move back, but now we must wait for the case to be heard. Father has been abusive to child and now child is afraid to go back until court hearing. (child here on summer break) Isn't there a law that would protect my right to keep from sending him back for fear of what his dad will do? Thanking you in advance for any advice you can give!
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Old 08-12-2000, 09:49 PM
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What is the father doing to get the child back ?

Two options.. keep child and see what he does.. or file an ex-parte motion to gain temporary emergency custody until the hearing.

File a police report if you have any evidence of abuse.
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Old 08-13-2000, 09:05 AM
Kathleen00
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Father has made it abundantly clear that if child is not on plane that he will file kidnapping charges. Went to police station to file a report, was told that Texas would have to prepare report as Georgia could not get involved. No evidence of physical abuse at this time. All children have witnessed the abuse. Wife called police on father for domestic violence 6wks ago. Very distraught between trying to do the right thing and jump through the legal hoops at the same time. Judge in my case does not look favorably upon interferring with custody and or contempt charges for any reason. Attorney advised me because of the judge in my case that I should return child because judge often hands down jail time with each and every contempt for whatever reason. Stated that if I went to jail for contempt that I could lose all my children. I don't know what to do. Unsure of my attorney's expertise in matter.
 



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