CONSENT TEMPORARY ORDER ON PLAINTIFF'S PETITION FOR LEGITIMATION AND CUSTODY OF A MINOR CHILD
Does it have to go in front of the judge? Do I file a motion for this? If so, how?
answered on Jun 6, 2023
You can't withdraw from a temporary order. A temporary order is temporary. It is in place until the court can enter a final order. If there is something you want to amend on a final basis, you will need to convey that to the court at your trial or if you and the other party come to an... Read more »
The mother was murdered leaving behind a 4 year old daughter. The child was born out of wedlock but the father has always supported the child. He did not take the extra step to legitimize the child and is now in a dispute with the grandmother that never participated in the health and wellbeing of... Read more »
answered on May 24, 2023
The father should hire an attorney and file an action to legitimize. In that action he should seek sole legal and physical custody of the child. Since he has been paying support and can show he’s been an active participant in the child’s life, it should not be an issue for the court to... Read more »
He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby
answered on May 22, 2023
The first thing you should do is hire an attorney. And I'm not sure what you mean by fight for protection. If there is domestic violence and an ongoing threat, you should seek a protective order, which is a separate case altogether. If you were served with paperwork for a pending case, and... Read more »
He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby
answered on May 19, 2023
Please remember this is site for general information and should not be used as a substitute for retaining a lawyer who regularly practices in the Court wherein your case is pending. That being said, if there is a pending case are there not also temporary orders (called "lis pendens" in... Read more »
I really need a lawyer for this legitimization case. We went to court a couple of days ago for the first time and I felt so lost and stupid in there alone. The judge wouldn't even let me speak and basically was on their side...that's how it came across to me. I wanted to run out that... Read more »
answered on May 18, 2023
There are income guidelines for legal aide services and sometimes a waiting list to accept cases. If you can't get a legal aide service to take your case you should contact some domestic attorneys and see if they will work with you and accept payments. Sometimes if you can get a lump sum... Read more »
My daughter had a controlling boyfriend and he made her give her baby to the fathers aunt whom isn’t even blood related. The lady tricked my daughter by telling her it would only be for like 3 to 6 weeks. The boyfriend was in on this also. My daughter has a learning disability and doesn’t think... Read more »
answered on May 15, 2023
My best advice to you is to speak directly with an attorney for a consultation and provide the paperwork you are referencing for the attorney to review. They can then see if there has been a legal guardianship filed, adoption or just exactly what type of rights were given and/or relinquished.... Read more »
On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??
I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... Read more »
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answered on May 15, 2023
Unfortunately, you will not be able to get the petition dismissed based solely on the protective order being in place. The father has the right to legitimate the children and obtain legal rights and visitation (after the protective order expires) with the children unless you can show the court it... Read more »
On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??
I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... Read more »
answered on May 15, 2023
A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... Read more »
Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.
answered on May 8, 2023
The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... Read more »
answered on Apr 24, 2023
The husband of the mother is presumed to be the father if you were married when the children were born. But that presumption is rebuttable. But this cannot be addressed until you file for divorce. I will say that married parents have equal access to children born of the marriage until one of... Read more »
I am legally married but have been separated for 7 months. I left due to domestic violence and his active addiction.
I have informed him I am leaving state to move . He refuses to be sober and get the needed mental health treatment. There is no case open in ga for family law and he has not... Read more »
answered on Apr 17, 2023
If there is no case currently pending regarding the custody of your minor child, you are free to leave the state. However, you may want to consider filing for divorce. Because with you being married, he has just as much access to the child as you do. You would not be able to stop him legally... Read more »
He works on the weekends and just recently had my son at his job, for 8 hrs unsupervised. My child became ill and he never contacted me. My son does not want to go with him anymore, but it is court ordered. He did not bathe him for two days and kept the clothes on him I sent him with. If his dad... Read more »
answered on Apr 14, 2023
You speak of the next court date, and I think you need a lawyer if you have an ongoing case. It would appear that maybe you are having difficulty presenting your case in court if you have not been communicating the issues you are experiencing when the father has visitation. If there is an order... Read more »
answered on Apr 12, 2023
Legitimation is not a requirement for the grandparent to file for custody. If the child is actually their biological grandchild they could petition the court for custody. And I assume they think they have some sort of grounds for asking the court to grant them physical custody. If the child was... Read more »
He has no contact with the children in a few years now, he doesn't support them at all. He never calls it texts or writes them. He doesn't buy them things on birthdays or holidays. They are now teenagers 15&13. They don't even know him other than when they were younger. I have... Read more »
answered on Apr 10, 2023
Although you may object to the legitimation, if the Court determines that it is in the best interest of the children that they develop a relationship with the non-custodial parent, and he addresses the Court regarding his desire to become a part of their lives, the Court may still grant the action... Read more »
I have took my 3 months old baby and seek shelter at my parents house due to high conflict divorce and my husband tend to throw things around the house. He has history of breaking my car and phone since he claimed that the car is also part of his name in it.
answered on Mar 26, 2023
It sounds like you may need to seek a Temporary Family Violence Restraining Order (TPO). This would allow you to obtain a restraining order from your husband, temporary custody of your child and be awarded temporary support, which would include child support. The other option would be to go ahead... Read more »
I’m a 17 year old who is not happy being with my mom, For months i am mentally not happy. I just want to stay with my dad after i get out of school for the summer May 24th 2023. Many arguments, i was starting to do poorly in school here at my moms when i used to be a student that would excel. I... Read more »
answered on Mar 20, 2023
If you leave your mother to go and live with your father without a court order, your father would technically be kidnapping if he refused to produce you back to your mother. If you want to live with your father the proper way to go about that is for your father to either file to modify an existing... Read more »
The matter will be heard in Fulton Country GA and a petition for Paternity and Child Support was filed. I know I need to file an answer and counterclaim for legitimation to get proper rights in GA and a definitive visitation schedule.
There is already a child support order from Illinois... Read more »
answered on Mar 8, 2023
If you choose to represent yourself you will be expected to have the same knowledge as an attorney. You will be expected to handle your own discovery, your case in chief and to prepare all of your documents for Court. I would highly suggest hiring an attorney, because the child support, custody... Read more »
What should I expect as far as the procedure? I thought case was closed
answered on Feb 28, 2023
I can't tell you what to expect when I don't have any details of your case. You stated, "legitimation/temporary custody hearing with child's father august of 2021, I just received notice of a final hearing. What should I expect as far as procedure? I thought the case was... Read more »
The children do not want to go back to their mother's house when they have to go back home Sunday because of abuse and new husband and problems there
answered on Feb 13, 2023
A guardian ad litem can always be assigned in a case involving a custody dispute to help the court determine what is in the best interests of the children. But without a guardian ad litem, children of a certain age can make an election and state in writing, which parent they would like to live... Read more »
The children do not want to go back to their mother's house when they have to go back home Sunday because of abuse and new husband and problems there
answered on Feb 10, 2023
The Georgia code states:
5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected... Read more »
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