Emergency custody against my wife taking my son?

my wife is currently in rehab for a 2nd offense for dui with child endangerment. She is staying in a city in the same state as me, GA. However, today she decided to take my son to live with her parents in SC until she finishes her court ordered rehab. I tried calling the police in SC and they said that her parents have more rights than me at this time because my wife left my son there. Does anyone have any ideas of what I should do at this time to get custody of my son until she is done with rehab? I alos need to know where to find information on what her indictment was for her charge?

Thank you.


Also forgot to add We both do not have a court ordered custody agreement. She is currently in court ordered rehab so I thought that I would assume custody since she was not able to.

Update 2:

I will be going to my lawyers office tomorrow morning but wanted to get some advice until then.

4 Answers

  • Favorite Answer

    If there is no current custody order on file she is legally able to take your child across state lines--she is his mother. You can, however, file for emergency custody and demand the child be returned to GA. Because he hasn't lived in SC long enough to establish residency, GA still has jurisdiction over the case if you file immediately. Her parents have no legal right to your child if no custody order has been established and your wife is not present. You should really contact an attorney and file immediately for custody.

    Edited to add:

    I would find it difficult to believe any judge would support her parents keeping the child from you. They don't have a custody claim; only you and your wife do. The sooner you file the sooner you can have your child back.

  • 1 decade ago

    I agree 100% with Julianna G. You need to file for emergency custody THROUGH AN ATTORNEY immediately. The longer your son is in his grandparents care, the more legal power they'll be able to wield.

    Have you considered going to SC to collect your son? If your wife is not present, you have more rights than the grandparents. Call the police, say your wife is incarcerated, and that you expect issues and resistance when you attempt to pick him up from his grandparents and need police presence. Take all legal documents, ID etc.

    But if it were me... I'd choose the lawyer route. One misstep could cost you custody. Best of luck.

    Source(s): my daughter didnt have a lawyer, her ex had an expensive one.. and he got full custody. she gets to *visit* with her daughter 6 hours per week now.
  • 1 decade ago

    Charge wife and her parents with kidnapping. See the FBI immediately.

  • Johnny
    Lv 7
    1 decade ago

    If you're trying this to save money on a lawyer you're wasting your time. Talk to a lawyer and ease your mind.

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