Knoxville, TN asked in Family Law and Child Custody for Georgia

Q: Filed for legitimation custody/visitation. What do I do now?

I've filed, mother has absconded with our children and moved out of state. I knew where she would be, her mothers house, and was able to get a good serve. I had an attorney help with the paperwork. I know Ga has jurisdiction due to UCCJEA. They havent even been gone 3 months, lived here 2.5 yrs prior. The 30 days to respond is up. I have no response. What do I do to proceed? Will I be able to set up a hearing without her. I've read Georgia does not have default in civil cases so just wondering what would happen? I also stated I wanted primary custody, and joint legal, due to the fact mom is suffering from alcoholism and drug abuse. Also her mother, who they live, with has domestic violence felonies. And mental health issues, BPD, manic depressive, and schizophrenia. Also have evidence of this, So a lot of this I can show before a discovery. My daughter went to school here and was pulled out this/her 3rd yr. Mom has no job, car, or place to stay other than her moms. What can I do next?

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

A: You need an attorney. Even if you have the evidence of her mental health conditions, if you do not know the rules of evidence to get that information before a judge, the judge can not consider it. You may also want to request a guardian ad litem to investigate the living conditions of mom's residence.

Homer P Jordan IV agrees with this answer

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

A: You absolutely need an attorney for your case. Each judge is different in terms of how to get on the calendar, and you can have all the evidence in the world, if you don't know how to present it properly, the judge will never see it.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

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: What you need to do next is hire an attorney. An attorney can review the facts of your case in detail and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558

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.