legal guardian looking to get back unreturned child

NrawGa

New Member
Jurisdiction
Georgia
Hello

I live in georgia. I am the legal guardian of my 10 year old nephew. He went on what was supposed to be a visit with his mother for the summer in Florida. On the day he was set to fly back she didn't put him on the plane. Yesterday I recieved a phone call from him distraught saying that he didn't want to stay but his mother would not let him leave. He said he told her many times that he wanted to go home but she told him he didn't have a choice. What can I do legally? She just had a baby with a man that is an ex con. He is a registered sex offender and was (may is still) involved in gang activity. She is forcing my nephew to refer to him as "step-daddy". School here is a week in session. I don't want him to miss anymore days. We also saved for almost tow years to take he and our dauther to Europe in September. The trip is paid for. She has lied to him and us and said she was going to get his passport since his old one expired. We found out by calling the US Passport agency that she never ever put in the paper work. Which means he will be missing a trip he has looked forward to for a year. He will be devestated when he learns of this. She is emotionally abusing him in other ways also as a means to get back at me. If I drive down and get him without her knowledge will I be breaking any laws? Id like to get him back up here as soon as possible. Any advice would be great.
 
If you are the court appointed legal guardian, then you are the "parent" currently - you can go & get him.
 
Hello

I live in georgia. I am the legal guardian of my 10 year old nephew. He went on what was supposed to be a visit with his mother for the summer in Florida. On the day he was set to fly back she didn't put him on the plane. Yesterday I recieved a phone call from him distraught saying that he didn't want to stay but his mother would not let him leave. He said he told her many times that he wanted to go home but she told him he didn't have a choice. What can I do legally? She just had a baby with a man that is an ex con. He is a registered sex offender and was (may is still) involved in gang activity. She is forcing my nephew to refer to him as "step-daddy". School here is a week in session. I don't want him to miss anymore days. We also saved for almost tow years to take he and our dauther to Europe in September. The trip is paid for. She has lied to him and us and said she was going to get his passport since his old one expired. We found out by calling the US Passport agency that she never ever put in the paper work. Which means he will be missing a trip he has looked forward to for a year. He will be devestated when he learns of this. She is emotionally abusing him in other ways also as a means to get back at me. If I drive down and get him without her knowledge will I be breaking any laws? Id like to get him back up here as soon as possible. Any advice would be great.

The female that has KIDNAPPED your charge is the one breaking the law.
I suggest you go to your local police department tomorrow and report the abduction of your ward.
Then ask the police agency to contact the police agency in Florida where your ward is being held captive, and inform that agency that you be arriving within 24 hours to get your ward and you would like them to help you do that and press charges against his abductors.
 
Oh goodness thank you all so much! This has been so stressful. Some people were making me feel like I didn't have any power in this situation because she is his bio parent. She has been sending us nasty taunting text saying that he will "hate us" we have been saving all of them to show if we have to go to court. My spirit is soaring now Im going to go bring him home!
 
You're welcome. You go & get that boy - he belongs with you.
 
Oh goodness thank you all so much! This has been so stressful. Some people were making me feel like I didn't have any power in this situation because she is his bio parent. She has been sending us nasty taunting text saying that he will "hate us" we have been saving all of them to show if we have to go to court. My spirit is soaring now Im going to go bring him home!

God speed you, madam, as you journey to help that child.
Take your legal documents with you, especially the court orders of custody.
 
Minor point but on the passport issue, it is unclear why you would put this woman who does not have custody in charge of something so important. If he has a passport, you can get it renewed on an expedited basis.
 
Back
Top