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

Q: yes my children are not legitimized but I have filed for legitimatzion and custody. they have lived solely with me for 3

years can the mother just come take them from me?

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

A: Prior to a court order, the mother has all rights and can take the children from you. You need to talk to an attorney to try to get an emergency hearing.

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: My colleague is correct. Until the legitimization process is complete, she has all the rights to the children, and she could come and take them. You would be wise to meet with an attorney who can help you with this. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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

A: Unfortunately, yes she can. Until there is an actual order of legitimation, you do not have any custodial rights to the children. If you have already filed, you need to request a hearing on this issue as soon as possible.

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