Marietta, GA asked in Family Law for Georgia

Q: advice on my 5yr old grandon that has been in MY care over yr and a half and his mother took him refuses to bring him bc

he does not want to be with her she went to his school on the first day and attempted to check him out but school wouldnt let her have him since it was myself and his father that enrolled him she was not on any paperwork but the same afternoon she showed up out of the blue supposedly to bring his social security card that was needed at school because it wasnt coied to his records yet but she lied ask could she take him for couple hours to eat and with the understanding he was on a schedule and needed to be back by 8pm i ok it but she refuses to bring him back to the only home and stability and normalcy hes ever known as hes been in my care the majority of his life even before the last yr and a half that ive provided total care for hes beggin to come home she has also enrolled him in jackson county school and without being able to disenroll him herself hes still enrolled in barrow county school the living conditions she has both boys in are not acceptable his little brother is there als

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

A: If the parents were never married, unfortunately only the biological mother has rights to the child. Your son should consult with an attorney immediately to move forward with filing a legitimation action to establish his custodial rights. I am assuming this has not previously been done as there is no mention in your inquiry of any existing marriage or custody order.

Homer P Jordan IV and Regina Irene Edwards agree with this answer

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

A: Until your son files for legitimation he doesn't have any legal rights to the child. Once he does that he will have rights. He needs to consult with an attorney who can help him with this process. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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