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

Q: How can i petition the judge to get my children back? i cannot afford a lawyer and I have all the proof I would need.

I let my son go off with his father and his family for the weekend, and when monday rolled around they were already up there at their lawyers office claiming I had abandoned him there for 2 weeks.

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3 Lawyer Answers
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I strongly suggest that you retain a lawyer, especially if the other party has counsel. Custody actions are complicated and should not be taken lightly. You are going to need to respond to whatever petition they filed. Without knowing more facts of your case, we can not tell you what to do because we don't have enough information to advise you. You should at least schedule a consultation with a family law attorney to discuss your options.

Homer P Jordan IV agrees with this answer

Patrick L. Meriwether
Patrick L. Meriwether
Answered
  • Divorce Lawyer
  • Woodstock, GA
  • Licensed in Georgia

A: If the father never legitimated, he has no legal rights. A lawyer cannot change that. Only a Judge can issue an Order Legitimizing your son. You should be able to pick up your son. If DFCS is involved, let them know your side of the story. Unless there is something else going on, I am not sure why they would keep your son from you. If there is an existing custody order, you should consider filing for contempt of court if he is refusing to return him. Representing yourself on a case like this is challenging. If you cannot afford to retain a lawyer full time, then consider having a lawyer that you can meet with on an as needed basis to give you guidance throughout the case. To get an idea of what this might look like, listen to our podcast, Episode 109 - How to Get Legal Help without Hiring a Lawyer. You can find it in most podcast directories by searching for Divorce Team Radio (the show covers more than just divorce). If you cannot even afford to have consultations with a lawyer, check with Legal Aid. Sometimes they can help if you qualify. You can also call the State Bar of Georgia to ask for their pro-bono referral list.

Homer P Jordan IV agrees with this answer

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

A: I agree with my colleague. You really should be working with an attorney on this case. If you can't afford one, contact the state bar and ask if there are any pro bono attorneys in your area. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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