Thomasville, GA asked in Family Law for Georgia

Q: Mother of my son temp signed over guardianship without my permission what do I do?

My sons mother joined the navy upon joining she had to fill out her family care plan which makes her choose a temporary guardian while shes at training and deployment etc. According to the family care plan I was supposed to be notified so that I would have the chance to reject who she chose and have her transfer temporary guardianship to me his noncustodial guardian. This was not done, now my son is going to be living with someone I don't approve of and without consent. What avenue do I have to put a stop to this. She is even taking my son across state borders 3 months before she even goes to training to live with the aunt which she is not supposed to be able to do until she actually is deployed or goes to training. Can I get emergency custody? Since she is willingly giving up custody 3 months before she deploys do I have any way of stopping this seeing as I'm the only other true guardian? (Child case is in the state of Florida. I'm also legitimized.)

Related Topics:
2 Lawyer Answers
Ellaretha Coleman
PREMIUM
Answered

A: You need to retain counsel and file for temporary custody of your child. It is not kidnapping, since the primary custodian has given permission for the child to be with the relatives. However, you stand in a superior position as a parent to seek primary custody.

1 user found this answer helpful

A: I agree with my colleague. It is best to contact an attorney in your state who will assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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.