If your son has not established paternity, then the Court has not established you as the child's grandmother. If your son is unable to legitimize the child and petition the Court for custody, as the grandparent, if you want to seek custody yourself, you should hire an attorney. It will be a... View More

Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More

The first step is to go to a local family lawyer you have good chemistry with, as this process is going to be intimate.

There are lots of good reasons to terminate parental rights, and you need to explore all of those with a trusted professional as well as the downsides to that move. The... View More

Judges can render orders that they feel are in the best interests of the child, and they have a lot of discretion in what they can make an order of the court. So a question that asks if a judge can do something, yes they can, and they probably did. And if you feel like you have been been able to... View More

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answered on Mar 9, 2024

It sounds like you have serious concerns about how your legal case has been handled so far. Based on the issues you described, here are a few thoughts on potential next steps:

1. File a motion to dismiss: If you believe the court lacks jurisdiction over your case due to improper service of... View More

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answered on Mar 8, 2024

If you are concerned about your daughter's safety and well-being due to the mother's involvement in drug-related activities and untreated mental health issues, you might have grounds to seek full custody. Courts generally prioritize the child's best interests when making custody... View More

You will need to file for sole legal and physical custody in court and to assert your rights as the legal father and not just the biological father. The mother will need to be properly served so that she has notice and opportunity to be heard and the case can move forward.

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answered on Feb 27, 2024

I would encourage you to seek legal counsel to discuss your options. A temporary order can be appealed but the order will be reversed under limited circumstances. If it is your desire to have the order reversed only because you no longer like the terms, your reasoning will not withstand legal... View More

If the opposing party has an attorney and you have already lost custody, even on a temporary basis, I would highly suggest you hire an attorney to represent you. Due to the fact that the court has already granted a change of custody, you run the risk of losing custody on a permanent basis if you... View More

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answered on Feb 27, 2024

You should file an Application for Citation of Contempt. You must prove that your ex's violation of the court order was intentional. If you are successful in proving her actions were intentional, you are entitled to an award of attorney's fees and expenses of litigation. Depending on the... View More

If you have a court order giving you visitation then the mother is in contempt for not producing the child. If there is no court order and this was visitation verbally agreed too by the parties, she does not have to produce the child. And if that is the case, the only way to get a court order... View More

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answered on Mar 7, 2024

Assuming the "last child" is the child for whom the TPO provides protection, the dad's visitation schedule will definitely be affected. TPOs are granted on a permanent basis for a minimum of 12 months and upon their expiration you can request an extension if the child fears for his safety.

In the legitimation action if the father asks for visitation, the court may award him visitation, regardless of the TPO. You will have to present your case regarding what custody & visitation you think the court should award. I would hire an attorney if you are the defendant in a legitimation... View More

If I understand your question correctly, a grandparent can file in court to assert their rights and ask for custody. If they are the guardian and they have had the child or children for a period of time, the Court could take awarding them permanent custody seriously. But you will have your chance... View More

You would need to file an action to legitimize. In that action you would asking the court to award you primary physical custody and you may consider joint legal custody with the mother. An election can be filed showing the court where the child is asking to live as well. I would speak directly... View More

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answered on Feb 6, 2024

In Georgia, to obtain custody of your 14-year-old son without an existing custody agreement, especially considering you were never married to the other parent, you would need to file a petition for custody in the appropriate family court. Georgia law recognizes the importance of the child's... View More

First, if the Defendant was not properly served according to GA law, they did not have proper notice & opportunity to be heard. Therefore, the Court would not consider the Defendant to have failed to appear if they were not properly served. Statutory Electronic Service is only proper service... View More

The parties are allowed to cross examine the GAL and ask any questions they think are relevant to said testimony or the case. If you felt like steps were not taken that the GAL should have taken, that was your opportunity to ask those questions and have the Court hear those answers. But yes, the... View More

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answered on Jan 19, 2024

If you haven't had a hearing for an ex parte temporary custody order in Georgia in four months, and your lawyer is unresponsive, it's crucial to take several steps. Begin by attempting to communicate with your lawyer, seeking a detailed status update on your case, and expressing your... View More

If there is a court order giving the mother primary physical custody and you paying child support, you should file for a modification. If you were never married and never legitimized, the only way to get a child support order dismissed is for you to file for legitimation, and ask the Court for... View More