Georgia Child Custody Legal Questions

Were your divorce papers filed? If they were, then those are the documents that control. If you made a subsequent agreement with your ex-husband saying your youngest child can stay with him and you both signed that agreement that is evidence that you made an agreement but it is not a court order because it has not been filed in the Court so it does not supercede the prior order. If your divorce documents were not filed and they are just an agreement between you and the father, then that is a different situation and the most recent agreement you made with him (the agreement for your child to live with him) controls the situation. It does not matter that the documents are signed by a lawyer - they do not need to be. The notary signature helps verify the signature, but it does not invalidate the document.... Read Answer

It would be best to try to communicate on a basic level with your child's father to see where he stand and what he wants to do. If child custody is what is important to you as a mother, you should be the one to initiate it. Fathers Right is a big thing in GA and you don't want to be in a situation where the court favors the father regardless of your good-parental background. There are ways to mitigate issues, and co-parent, try it. If it doesn't work, my office and my team will be ready to represent you. Feel free to contact my office and speak with my case manager at 877-866-8665 to discuss in more details regarding your case. Thank you.... Read Answer

What you wish to accomplish requires a highly competent, assertive and aggressive attorney. You have enough evidence for my team to get you what you want. You should be financially prepared for a hardcore battle if you wish to give one parent only visitation. Good attorneys are not cheap, and cheap attorneys are not average. Our prices justify our performance. Your child is able to speak for himself, so there will be added expense for getting an attorney for the child involved as well. So this can be quick and or dragged out battle, depending on your financials and the attorney you elect to work with. We only know one thing and that is to uphold and defend our client's interest. Feel free to contact my office and speak with my case manager at 877-866-8665 to discuss in more details regarding your case. Thank you.... Read Answer

It is important to have the courts involved whenever there is a dispute regarding the children. The court can ensure a safe and healthy transition and what is best for the child/ren. If there are no court-orders involved regarding the children, then both parents have the right to do as they please as long as it does not endangers the well being of the children, or violates the other parental rights. If moving out of state is a concern, you should consider retaining an attorney, so you can make it out easier and lessen your stress level, as you shouldn't be stressing while pregnant. It's bad for your baby's and your health. Feel free to contact my office and speak with my case manager at 877-866-8665 to discuss in more details regarding your case. Thank you.... Read Answer

There are two points to your situation. One the mother can petition the court to obtain joint custody and visitation with the child. The other option is for you to petition the court under grandparents rights to gain access to visitation and possibly custody. It may be a point to discuss the matter with an attorney instead of trying to intervening between the parents. Sometimes you have to allow the court to intervene and direct the situation. If you can not afford an attorney, our office also provide low cost services, support resources for individuals that wants to represent themselves. Looking forward to speaking with you.... Read Answer

Yes, the mother can petition the court for the modification of the custody order and also request visitation. However, you need to contact an attorney directly to discuss your case. Our office do provide support and resources for people that can not afford counsel and wish to represent themselves. ... Read Answer

Shannon, Fathers Rights are same and equal to the rights of a mother. The only time one parent gains more rights over the child is when the court finds one parent to be negligent, improper, indigent, or in capable of raining the child. If there are specific custody and visitation concerns you have, you should consult with an attorney or a family law specialist. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read Answer

Hey Glenace, you do have a chance as you and your husband have been providing for this child. Establishing custodial rights will also benefit you in the long run, if the unstable mother tries to take away the child from you. What you can do to start is discuss with your husband about the associated costs for obtaining custody of this child. A typical custody lawyer charges anywhere from $3,000 - $5,000 depending on the complexity of the case. If you are comfortable going to court on your own you can reduce the litigation costs to anywhere from $1,500 to $2,500 that would cover drafting of legal documents, and preping for non-trial court-appearances. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read Answer

Hello and thank you for posting your question. The way this is worded appears that you have already been to court, and the court is not granting you custody. However, you will need to equip yourself with the best possible legal specialists that handle child custody cases to establish custody through court. A child custody lawyer typically charges anywhere from $3,500 to $5,000 non-trial. If you can not afford an attorney you can go to the family court in your county and speak with the court clerk for a Pro Bono attorney (someone that volunteers to gain experience.) If that is also not an option, we do have legal secretaries that you can use to represent yourself in court. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney and or would like to represent themselves in court.... Read Answer

You will need to contact an attorney to help you evaluate your situation and propose possible options. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read Answer

Hey Roderick, sorry to hear what you are going through. Are you on the child's birth certificate? If you are not you should get yourself on your birth certificate. Child Support is a 21-year thing and can be extended as well up to age 25. You should always be part of your child's life. Even if you have to do two or three jobs to pay one of the best lawyers to fight for you to be with your kids. Don't miss the opportunity to watch your kids grow.  If you are not on the birth certificate you can request a paternity in court and ask the judge to put you on the birth certificate so you can utilize all of your parental rights. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

Hey Trisha, you have a complex situation and requires a detailed analysis of your situation and court records. What actions did you take regarding your kids being bullied? Are you currently employed and have a place to live and provide for the kids? If the state takes the kids away it becomes very difficult to regain them back and that requires a competent and aggressive attorney. You will need to contact a local attorney and see your options. We are based in New York but we do travel for complex cases like yours. So if you can’t find a good attorney that you feel comfortable with working, We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665  Ahsan Syed, Case Manager... Read Answer

Hey Whitney, Sorry to hear you are in tough spot. We see cases like yours all the time. You should consider filing a petition for modification. However, you will need to demonstrate why the # of days you will like should be changed and why should the court do it? Also, are you currently employed, and utilizing your Sundays? If not you should do so. Also, feel free to contact my office for a free consultation. Looking forward to hearing from you.  Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in GA.... Read Answer

Contacting a lawyer to go over your situation and how best a lawyer can help you. Without knowing the full details of the case, there is nothing much we can provide you information on. So contacting an attorney would be the best option for now even if it is a free consultation.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

It is important that you formally establish custody and parenting time through the Courts. I recommend that you speak with an attorney who can more fully evaluate all of the facts and circumstances in your case and advise your how to proceed. This information is not legal advice and is neither intended to create, nor does receipt constitute, an attorney-client relationship. The contents herein are generally limited only to Arizona law or to the state of the law generally as it exists throughout the United States of America. Do not act or rely upon any of the resources and information available from us without seeking professional legal advice specific to your situation and state. The transmission of information from us, including any reply to any E-mail inquiry is NOT intended to create, nor does it create, an attorney-client relationship between us and you. We create attorney-client relationships only upon exchange of a written attorney-client representation agreement. ... Read Answer

You stated you needed help finding a local lawyer, but you don't disclose the county where you reside or the county where the child resides.  Also, you didn't disclose if you have legitimated the child.  In Georgia, you have to legitimate the child before you have the right to visitation or custody.  The legimation and visitation request can be made in the same petition.   If you were married to the mother, you don't have to legitimate.  The legitimation requirement is for unmarried fathers.    ... Read Answer

A lot depends on what court the case is in and how her visitation rights were taken away. The procedure is different for juvenile court and superior court, but either could have jurisdiction. She needs to hire a lawyer to protect her interests going forward. Getting clean is very important, too. ... Read Answer

The first place you should look is the order that granted shared joint custody.  Most orders require either parent to notify the other if he or she plans to move more than 25 miles.  If that is the case, and there isn't any other prohibitation, you can notify the noncustodian parent of the move in writing.  If there isn't an objection, you can move. Even if there isn't a prior notification requirement in the order and depending on the relationship you have with the noncustodial parent, you may want to disclose the pending move to avoid a nasty court proceeding that will cost both sides extensive attorney's fees.   If both of you agree to a revised visitation plan before the move, you can file a consent modification to the current order.    ... Read Answer

The truth is you need to speak to a lawyer to handle this. A child at that age can have a voice in the matter, but generally a judge will still have to find it's in the best interests of the child. You can file a petition to modify custody, but frankly there aren't any simple forms. A local family law attorney can better advise you. ... Read Answer

It sounds like you maybe looking for a temporary Guardianship to allow another adult to make decisions for your child while you are gone. Both modification of child custody and temporary Guardianships can be completed mostly with paperwork if all parties agree and are on the same page. You may still have a hearing if the Judge chooses to see you, but that should not significantly impact your timeframe. Some Courts have sample documents on their websites, but keep in mind your County might be slightly different. There will be a packet you will need to submit of all the completed Court forms. Once the Court has the documents then you wait to hear from them. Attorneys offer flat rate services to produce the legal documents needed in cases where there are no disagreements, you may want to consider that before going alone. Christine@Bechtold-Law.com  ... Read Answer