Asked in Child Custody for Georgia

Q: If I’m served as the father for temporary guardianship to my son because his mother died and I want my child

What’s the next step I take

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

A: You need to file for custody. If you have not previously filed a petition for legitimation and obtained a legitimation order, you need to do that asap. Until then, you have no rights to the child.

Onyema Anene Farrey
Onyema Anene Farrey
PREMIUM
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: It depends on your status. If you have never obtained a court order that outlines your parental and custodial rights and you were never married to the Mother of your child, in Georgia you will need to immediately file a petition for legitimation with the Superior Court and ask for custody of your child. This matter can be filed expeditiously. Your Superior Court order will trump a guardianship matter in probate court.

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