Covington, GA asked in Child Custody and Family Law for Georgia

Q: How does he go about obtaining legal and sole custody or does he already have it? (See Details)

My fiancé’s child’s mother just died. He has paperwork stating the child is his but, the child’s grandmother it making it difficult to see her. She is even trying to move out of the state with her. What should we do?

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3 Lawyer Answers
Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: He has to file for legitimation and serve the grandmother.

Homer P Jordan IV agrees with this answer

1 user found this answer helpful

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: Call the police and go get her. If that doesn't work, file a habeas action. Talk to a local attorney about this quickly, as this is only going to get more difficult if she moves out of state with the child.

Homer P Jordan IV agrees with this answer

1 user found this answer helpful

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You should consult with an attorney right away, especially if she's trying to leave the state with the child. As my colleague stated, he needs to file for legitimation, which will give him legal rights to the child. Until he does that he won't have any legal rights to get custody of her. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 user found this answer helpful

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