The judge gave visitation but there is only a custody schedule in place for the older two children. The last child is not legitimized. The person the TPO is against has filed for legitimation but until then I have sole custody.
In the legitimation action if the father asks for visitation, the court may award him visitation, regardless of the TPO. You will have to present your case regarding what custody & visitation you think the court should award. I would hire an attorney if you are the defendant in a legitimation...View More
If I understand your question correctly, a grandparent can file in court to assert their rights and ask for custody. If they are the guardian and they have had the child or children for a period of time, the Court could take awarding them permanent custody seriously. But you will have your chance...View More
You would need to file an action to legitimize. In that action you would asking the court to award you primary physical custody and you may consider joint legal custody with the mother. An election can be filed showing the court where the child is asking to live as well. I would speak directly...View More
In Georgia, to obtain custody of your 14-year-old son without an existing custody agreement, especially considering you were never married to the other parent, you would need to file a petition for custody in the appropriate family court. Georgia law recognizes the importance of the child's...View More
Attorneys' May you help me/ FAMILY LAW MATTER! Case Law in State of Georgia that will help me in court & No Show Of the Defendant/mother Dec 21st 2023 the Defendant/mother was a no show so I ask the judge to grant me full primary custody of my then 5yo daughter ( Her Birthday Jan. 29th,... View More
First, if the Defendant was not properly served according to GA law, they did not have proper notice & opportunity to be heard. Therefore, the Court would not consider the Defendant to have failed to appear if they were not properly served. Statutory Electronic Service is only proper service...View More
The GAL, was appointed at a contempt hearing. The contempt was not charged, an agreement was made with both parties. Two weeks later the child came forward with allegations of being molested by her father, therefore the mother stopped abiding the new agreement. After 2 months or more with the fact... View More
The parties are allowed to cross examine the GAL and ask any questions they think are relevant to said testimony or the case. If you felt like steps were not taken that the GAL should have taken, that was your opportunity to ask those questions and have the Court hear those answers. But yes, the...View More
I have not had visitation or contact with my child in 4 months. I’m a school teacher not a criminal. Lawyers keep putting the hearing off. The exparte is illegal and claims aren’t even based on a threat of danger and it’s all lies and manipulation.
If you haven't had a hearing for an ex parte temporary custody order in Georgia in four months, and your lawyer is unresponsive, it's crucial to take several steps. Begin by attempting to communicate with your lawyer, seeking a detailed status update on your case, and expressing your...View More
If there is a court order giving the mother primary physical custody and you paying child support, you should file for a modification. If you were never married and never legitimized, the only way to get a child support order dismissed is for you to file for legitimation, and ask the Court for...View More
If you haven't established legally that you are the child's father, you will have to do so in order to obtain visitation, so the child can be left with you. If you have not established your rights, the mother can leave the child with whomever she chooses. Taking the mother to court is...View More
We took care of my nephew for the last 2 and half years even though we were not his legal guardian while his legal guardian was homeless. She took him back because she got mad at me. Her household is violent and unstable and we want our nephew back.
The party who is blood related may have a better chance of obtaining custody. However, of course you can petition the court for custody yourself. You will have to prove being the child's guardian is what is in the child's best interests, and you may have some opposition from the current...View More
You can hire an attorney and file for divorce. In that petition you will tell the court what relief you are seeking with regard to custody, visitation, child support, and the distribution of assets and debts. In the case you can determine what is marital property and what is separate property, to...View More
If you have a child support order in your name and the child now lives with you, I would hire an attorney to file for a modification of custody, and ask for a temporary hearing, for the court to award you temporary physical custody. The mother may come and get the child back once she is served....View More
The other parent has temporary custody and refuses my court ordered parenting time and cut off all communication. I was thinking about a petition for writ of habeas corpus and emergency return of child especially since he only has temporary physical custody as I am primary custodian by divorce... View More
It is unclear why he would only have temporary physical custody if your divorce is final and you have a divorce decree, as you put it. Therefore, my best advice is to speak to an attorney. Because a petition for write of habeas corpus is not what I would advise. And again, if your divorce is...View More
If the father refused to communicate with you and there is a court order allowing you to communicate the children and/or an order stating that he has to communicate you regarding decisions, then he is likely in contempt for his failure to allow you to speak to the children and his failure to speak...View More
If the father will not legitimize and obtain visitation where you can visit the child during his parenting time, you should speak with an attorney and see if you meet the guidelines under GA law, to petition the court for grandparent visitation. Because there are guidelines under the law, where a...View More
Child born in NJ when we resided there moved when child was 2. Dad has never met or tried to meet child pays child support occasionally. Now in GA but never transferred CS order but would like to apply for sole custody as child has special needs and I want to get a trust set up.
If you're the mother and the father has never legitimized, you already have sole physical and legal custody under GA law. Therefore, you wouldn't file for something you already have. If the father now wants to file for sole custody, he should file in the county where the mother lives...View More
I have a 5 month old little boy and my husband and I want a divorce. I work very long hours and I am mentally drained all the time and am dealing with some mental health issues which I feel need to be handled. My husband wants to fight me to the ends of the Earth for our son. I am willing to give... View More
You can file for divorce. And in that divorce you can fill out a parenting plan with the custody & visitation you would like the court to award the parties in said action. Or you can sit down with your spouse prior to filing, and see if you both can come up with a parenting plan you both...View More
It's not up to a defendant to make it easy for the plaintiff to serve them. If they won't provide a home address then you may have to use other resources to locate that address such as a background check, private investigator, skip trace, etc. You could also try and determine their...View More
If you're trying to serve a defendant who refuses to provide their address, you may need to employ alternative methods of service as allowed by Georgia law. First, consider hiring a professional process server, as they have experience and resources to locate individuals for service of legal...View More
The facts you have stated are confusing as the mother always has sole legal and physical custody of a child until the father legitimizes, if the parties were not married when the child was born. Yet, if the mother lost custody, your facts don't state who has custody for there to be any issue...View More
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