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Georgia Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: How can I get my son back full-time?

I was the primary custodian in the divorce proceedings and primary decision maker. Outside of the agreement I allowed for my son to live with his dad. No paperwork has changed our initial agreement. Now he's 15 and I want him back. Do I still have rights? Can I just go get him after he's... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Oct 18, 2021

I strongly recommend that you speak with a Georgia attorney about this personally. We will not be able to give you step by step advice with the little information you have provided. I strongly urge you to get counsel first before you do anything. You will need to coordinate the retrieval of your... Read more »

1 Answer | Asked in Child Custody for Georgia on
Q: How do I fight back CPS when they wrongfully gave custody to my ex with no proper investigation or a report on myself?

I had sole custody of my daughter. With no report of concern on myself but with the other parent making false accusations against me case worker changed custody over to ex and then gave him permission to leave the state with her. Since then he went to file for emergency custody in new state and was... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Oct 18, 2021

Clearly, you have much going on here. We will never be able to address your concerns because everything depends on...well, everything else. You are in need of legal counsel fast. You really needed an attorney long ago before all this happened. Get one now.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My ex & his attorney claimed my evidence was useless, what can I do?

I filed a petition to change child custody (my ex has primary, I want 50/50 as circumstances have changed). I provided text message screenshots between the two of us that clearly backed up the claims I was making; however, he and his attorney filed a response that said all the screenshots were... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Oct 15, 2021

Don't worry about the lawyer says. First, anything you add to the petition isn't considered evidence. In court, you present the evidence to the judge. But send clear copies of your evidence to the attorney ahead of time. Let the judge decide if your evidence is usable or not. But you... Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What is the time frame for other parent to oppose relocation? Is it also 30 days or is there no timeframe required.
V. Joy Edwards
V. Joy Edwards answered on Oct 10, 2021

There is no time frame required. You should contact an attorney to discuss your options as relocation MAY lead to a change of custody.

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1 Answer | Asked in Child Custody for Georgia on
Q: What do I do if the my kids father refuses to let me talk to or see my kids and is breaking court ordered visits ?
Regina Irene Edwards
Regina Irene Edwards answered on Oct 9, 2021

If you have a court order regarding custody, you can file for contempt if he is not complying with it.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: If the non Custodial parent gives the teenager a Vape pen what are the consequences for the noncustodial parent

Could I have supervised visitation removed?

Regina Irene Edwards
Regina Irene Edwards answered on Oct 6, 2021

There is no set punishment for bad parental decisions.

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: I am needing help with my legitimation case as well as child support case. Both Open cases. Self representing.

I filed for Legitimation and 4 days later child support filed an case. so right now i am currently trying to get them decided on one case instead of two cases but i do not have an child support order already. My question is if we (both parents) have agreed to Joint Physical and Joint Legal Custody... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 30, 2021

If you think your child is in harm or danger, then you shouldn't be ok with joint custody. Presenting a custody case is more than just giving the judge a parenting plan, but more about proving why that is in your child's best interest. Speak to an attorney in your area about your options.

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1 Answer | Asked in Child Custody for Georgia on
Q: How can a father get joint custody of his child
Michael D. Birchmore
Michael D. Birchmore answered on Sep 27, 2021

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.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have a 4 year old daughter I gave temporary guardianship to my sister I went to probate court to terminate

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 »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 24, 2021

We won't be able provide a reliable response on the information (lack of) provided. However, I would say that it is certainly a good start!!

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1 Answer | Asked in Child Custody for Georgia on
Q: My state is GA. My fraternal grandchildren were taken from the mothers custody and since it has been 10 yrs since I have

Seen them dfcs wants a list of medications? Is that leagal

V. Joy Edwards
V. Joy Edwards answered on Sep 22, 2021

How do you even have a list of their medications if you have not seen these children for 10 years?

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How do I find a pro bono lawyer for my custody case?!?! CAMDEN COUNTY, GA. I need help!!

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.

My ex and I came to... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 22, 2021

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 »

1 Answer | Asked in Child Custody and Divorce for Georgia on
Q: how can I file for emergency temporary custody to protect my children?
Homer P Jordan IV
Homer P Jordan IV answered on Sep 21, 2021

An attorney can help you right away with the process.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: If the petitioner of a child custody case in Georgia lied in the petition, can the other parent request the petition be
Homer P Jordan IV
Homer P Jordan IV answered on Sep 17, 2021

Be what? I don’t see the rest of your question. You may want to re-post it or consult with an attorney who can review your case in detail and provide you with guidance.

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: If NCP relocates to another state and the child support/parenting plan is from GA. Can the NCP have the parenting and CS

modified to his new local state? Will the GA CS order follow him to different states if he no longer resides in GA?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 16, 2021

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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Define: "there shall be free and open communication and contact between both parents and the children at all times"

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 »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 9, 2021

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.

1 Answer | Asked in Adoption and Child Custody for Georgia on
Q: My parental rights were terminated and my parents adopted my kids. I live with my parents and my kids. My kids are

15,14,6,5 years old. If my parents pass before my youngest is 18 can I adopt them or can my parents make me guardian in their will?!?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 9, 2021

Your parents cannot will children to anyone. If they pass away, you can apply for adoption.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Just checking to see if this is still true and current in 2021?

B

Regina Irene Edwards
Regina Irene Edwards answered on Sep 2, 2021

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.

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3 Answers | Asked in Child Custody for Georgia on
Q: What does it mean when the standing order states neither party can willfully take the child out of the jurisdiction?

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 »

V. Joy Edwards
V. Joy Edwards answered on Aug 31, 2021

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.

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3 Answers | Asked in Child Custody for Georgia on
Q: I’m a mother, and the father wants to file for legitimation. If i disagree with his custody requests, what do I do?

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.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 24, 2021

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 »

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2 Answers | Asked in Child Custody, Family Law and Real Estate Law for Georgia on
Q: I Divorced my wife in Alabama. We have joint custody. She moved to Atlanta without required notice.

I don’t know where they reside nor can I talk to them. They sneak to call me. Do I need an attorney to file an objection and can I file in Alabama without an Attorney?

Regina Irene Edwards
Regina Irene Edwards answered on Aug 24, 2021

If you live in Alabama, you need to hire an Alabama attorney.

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