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?

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3 Lawyer Answers
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
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
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Atlanta, 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

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