Shawn Bradley 
Georgia family law prioritizes having both parents involved in a child’s life after a divorce, whether through shared parenting or visitation rights for the non-custodial parents.
But there are no guarantees that all parties involved will abide by the custody agreements, so there is always a chance that your ex-spouse could attempt to keep the child longer or take them away from you altogether.
This article offers a guide to your options for getting your child back from your ex and may be worth considering before you take any steps.
Start by Talking To Them
If you follow through with most divorces, you may realize that a communication breakdown was the root cause. Poor communication can still haunt you after your divorce and lead you to places you could have otherwise avoided.
So before taking any legal steps, communicate. Start by seeking to know why they kept your child longer or why they picked them without your consent. Your tone is essential, so avoid being bossy about it. You can also explain why you think their actions harm you or your kids and request that they refrain. You may be surprised how a non-confrontational approach can effectively resolve a stalemate.
Involve the Police
Being non-confrontational will not work in all situations, so there are cases where you will need to explore legal options, such as involving the police. However, the police may not directly get involved in civil matters such as child custody. In such situations, seeking advice from child custody lawyers is crucial, as they can guide you through the legal process. You may have to seek a family court order to involve them in a case where you may want to involve a lawyer. This option can be time-consuming and expensive, but it can be the only way out if you deal with a non-cooperative ex-spouse.
The court doesn’t issue orders out of the blue, so you don’t walk into court and claim your ex-spouse has your child and won’t return it or that they are violating their custody orders. You will have to provide the court with evidence to prove a violation, such as an email, text, and phone conversation, a journal of visitation violations over an extended period, and witnesses’ names and contact details.
Get a Protection Order
If you have legitimate concerns over your or the child’s safety, getting a protection order can help move things along much faster. Depending on the risks cited in your petition, the court may hold an emergency hearing and issue temporal orders, including having the police pick up your child and return them to you.
However, you will need proof of your allegations to get the court to issue orders. Temporary protective orders allow you time to get more permanent orders if the courts deem the risks legitimate and warrant the issuance of such orders.
Why Can’t I Just Retrieve My Child?
There is always the temptation to get the child yourself, but it only creates a highly risky situation, especially when there is bad blood between you and the ex-spouse. “People have died in such scenarios, while others have suffered immense physical harm. No matter how you feel or how panicked you are, the legal avenue is the best way out,” says attorney Allen Russell of Atlanta Divorce Law Group.
If it’s a case of abduction, such as when your ex-spouse takes your child from home without your consent, file an abduction report with the police, which could prompt more swift action.
