Retain an attorney and discuss the situation first. If the attorney believes you have a viable claim, you would file with the court papers seeking custody. Please don't try to do this without legal counsel. There are a number of issues involved.
I have a four year old daughter I gave temporary guardianship to my sister I went to probate court to terminate the guardianship due to my sister not letting me visit my daughter or let my daughter spend the night with me she don’t let me see my daughter at all…..I have a mental health... Read more »
I am starting to panic. I have exhausted every option, and I’m running out of time! My lawyer quit at the same time that my dad was in ICU for almost a month, I had a baby, my Aunt was hospitalized with COVID, my baby sister got married.... it was all so much at once.
I’m sorry to hear you are going through a rough time. You can try contacting Legal Aid to see if you qualify for their assistance. Additionally, you can call the state bar to inquire about any pro bono attorneys in your area. Plus, most attorneys do take credit cards, which may make it easier for...Read more »
If the CP still lives in Georgia, the Georgia order remains in tact. The GA CS order can be enforced in the new state. the orders cannot be modified anywhere other than Georgia as long as the CP still lives in Georgia.
Decree says Under the parenting time arrangement. "there shall be free and open communication and contact between both parents and the children at all times" A separate "ordered and adjudged" paragraph requires us to discuss all major decisions & try our best to agree,... Read more »
You may want to consult with an attorney who can review your arrangement and provide you with guidance. There needs to be open communication, but that doesn’t mean you have to be texted non-stop with every little thing. Perhaps he is doing this because he knows it irritates you.
Correct. The substance of the law hasn't changed -
Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-22. Otherwise, the mother may exercise all parental power over the child.
I divorced my ex husband, and I am primary custodial parent. Our divorce is in GA. In our papers, it says neither party can take the child more than 100 miles outside of the county without giving the other party notice and providing contact info. (Visits, vacation, etc…) I’ve been traveling... Read more »
You should still be able spend time with you new husband in AL. With situations like yours, we generally file a Motion to modify the standing order so it's clear that you are not in violation. Your situation sounds complex enough that you should not be trying to proceed without legal representation.
Is his legitimation request immediately granted or do I have the opportunity to request a different custody agreement? Will there be a court date? We have never been married, and have a history of domestic violence as him as the aggressor.
Given the bad history, you might even need to defend against the whole legitimation process. You may certainly object to the legitimation if you believe it is in your child's best interests. While legitimation is usually favored, if you can show the court that legitimation would be against...Read more »
If you were not married to the mother, then you have absolutely NO rights whatsoever to the child. You are going to have to file a petition (complaint/lawsuit) in the Superior Court of the county in which the child lives. Only when you do this will you ever have an opportunity to see the child....Read more »
There is a difference between legally ok and morally ok. You would not want him to do this to you (as he is also legally allowed to do.) It also could backfire on you in a custody case. Unless there is a history of domestic violence and your safety is in danger, you need to inform him and have...Read more »
I understand preschool is optional and per Georgia Compulsory law children aren’t required to attend school until 6. Dad has educational tie breaker, mom has primary physical custody. Parents previously made a written agreement per email for children to a school and after mom paid tuition and... Read more »
Tiebreaker means the parties are supposed to consult and confer, but the educational tiebreaker can make the final decision, even if it goes against prior informal agreement. Father should have consulted with Mother first, but ultimately, he gets to make the final call.
The best response I can provide would be to tell you -- it depends. The law in general is always going to boil down to precisely what has happened and precisely what has occurred in court and precisely what court rulings have been made. Your question assumes that a "yes" or...Read more »
If you have been served with papers, this is not the question you should be asking. Instead, you should meet with an attorney now to discuss the timelines for you to respond. This response will need to be filed and served well before the time when you will have a hearing.
In our divorce papers she has final decision on education. They have been in the same school for years but she recently moved to a nearby county and wants them to go to school there. She never asked me, I found out from the kids. I asked her about it and she says she has final say and is moving... Read more »
Your agreement should spell out whose school district controls where they go. In the absence of that, you probably both have the right to enroll them in school, based on the 50/50. You likely will not be able to resolve it through court before school starts, so unless you can prove there's a...Read more »
he is rejecting me from getting my child back in my custody as well as mentally abusing her. she has been with him for over a year refusing me of any rights. he recently told me that he has papers saying that my child has to remain in his custody until the court says he can have custody. I do not... Read more »
You need to report this to the Police. If I understand you correctly, this man has kidnapped the child. If the child was born out of wedlock AND if the man NEVER legitimated the child, the man has absolutely -- NO RIGHTS whatsoever to the child. None. Letting this go on for more than a year...Read more »
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