Atlanta, GA asked in Family Law and Military Law for Georgia

Q: Will judge grant emergency guardianship so that Custodial parent can enlist in the military? NCP is unfit.

Custodial parent wanting temporary guardianship of child to go to maternal grandparents while in military training. NCP has not legitimized son, paid child support in over 1 year, helped to provide for child in over 1 year and the list goes on.

NCP was asked to sign “Acknowledgment of Father” form for Temporary Guardianship petition and declined, even though he is not a “natural, legal guardian” as the petition states. NCP will show up to court out of spite just to get the petition dimissed.

Related Topics:
1 Lawyer Answer
P. Justin Thrailkill
P. Justin Thrailkill
  • Fayetteville, GA
  • Licensed in Georgia

A: He is entitled to service and the opportunity to object, but if he is not legitimized his objection does not carry the same standing as if he was. Also, this is not an emergency. You need to simply file the petition, and your consent, and let the court schedule a hearing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.