Georgia Child Custody Legal Questions

Grandparents have the right to file a petition for visitation rights to a minor child or children except where the parents are not separated and the child or children are living with both parents. If the exception does not apply, the court may grant the grandparent visitation if it is found by clear and convincing evidence that the health and/or welfare of the child or children would be harmed unless the visitation is granted.  Also, the court has to determine if the best interest of the child would be served if visitation rights were awarded.  The granting of visitation rights to a grandparent is within the discretion of the trial court. ... Read Answer

You can go to the judge and file an "Instanter" for emergency custody. If the judge signs the order after talking to you, the Sheriff will pick up the kids and give you temporary custody until the matter can be heard in court. You probably still have a hard road tracking her down, but you may get a skip tracer to help you.... Read Answer

From what you have written here, it certainly appears that you have a very good chance of getting custody of these children. You must file to establish custody in your favor, and if your daughter is agreeable, she can sign rights over to you before she passes away. If the father is in arrears, he will have a very difficult time proving he has the right to custody, and if he has not been in their lives, he will have even more difficulty. You will need to have him served whatever paperwork that is filed with the Court, but this is a very complex situation that requires a Family Law Specialist. That is important, and the Family Law Section of the Georgia Bar can assist with names in your area.  That site is www.gabar.org. Hope this helps. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.org  ... Read Answer

I always inform prospective clients if they owe child support, cannot afford support, etc., it is best not to find a way to hire a lawyer for court because you are now paying a lawyer what you could be paying for your children.  You do not say how long you have gone without supporting the child, nor why you have not done so to-date. Those two questions may make all the difference in the answer you will receive.  ... Read Answer

There are many questions that need to be answered here before an adequate answer can be formulated, and one that you can actually rely on before you act on this.  Some areas of Georgia are far more conservative about custody than others, the age and sex of the child matters, as well, and how a child is to be cared for by either parent, for example. Is anyone to blame for the marriage breaking up? What conduct can be proven against either of you? Has anything happened to the child or in the presence of the child?  Are you working? Do you plan to move far away or just a mile or two?  You take the chance of causing a Judge to rule that you chose to take the child away, and if you had no really good reason to show for this -- that your husband cannot take care of the child due to job, anger issues, violence, etc. -- then the Judge may very well give custody to your husband. Some Judges will grant joint physical custody of a child who is not yet in school, if the parties are equally capable and are living close enough together to make that work.    As I stated, there are so very many variables here. One major suggestion, however, is that you find a good Family Law Attorney in the area of Georgia where you must file, if you file against him. If you file against him, it is where he lives. If you move out of the County where he and you live, he can still file against you in Georgia, but must go where you live to file. If you move out of state, he can still file here where you both lived for 6 months after you move.  It is important to retain a Family Law Specialist, and preferably one who practices in the County where you file -- it helps for you to have a lawyer who knows the "lay of the land" where the case is being heard. Hope this helps. Danielle D. Hynes, Family Law Center, LLC Warner Robins, Georgia www.hynesfamilylaw.com  ... Read Answer

A legitimation order is necessary when a child is born out of wedlock and the mother of the child has all parental power.  A child becomes legitimate when the parents marry and the child is recognized by the father as his own child or when the father petitions for legitimation and the court grants it.                 Assuming that your three children are all over the age of one, voluntary acknowledgement of legitimation between you and the mother will not be recognized. Regardless if you are now married to her.  Yes, a legitimation order is necessary to render the relationship between you and your three children legitimate.                 Thank you for your question.  Should you need any legal assistance, contact me at info@dmccallaw.com or (678)883-2560 O.C.G.A. § 19-7-25 O.C.G.A. § 19-7-20 (c) O.C.G.A. § 19-7-22 (a) O.C.G.A. § 19-7-21.1 (c) O.C.G.A. § 19-7-21.1 (d)... Read Answer

Because paternity was established two years ago, the court should have passed an order declaring your daughter legitimate.  When legitimation has occurred for a father-child relationship, either parent is entitled to have visitation rights.  Typically, the trial court may award visitation privileges.  If the supervised visit was established by the court, then your child’s mother is required to follow the court order.  On the other hand, if the supervised visitation was an established agreement between both parties, there is no way to enforce it. You have the right to go back to the trial court to have the visitation order enforced if visitation was ordered as a part of the paternity suit.  For a consultation contact me at info@dmccallalaw.com or by phone at (678)883-2560   O.C.G.A. § 19-7-22 (c) O.C.G.A. § 19-7-22 (f.1) O.C.G.A. § 19-7-52 Turman v. Boleman, 235 Ga. App. 243, 510 S.E.2d 532 (1998).  ... Read Answer

This is difficult to answer without knowing the status of the case or what else is going on. If it is a temporary hearing, you should be able to go back to court and get another order. Those are all grounds on which you can argue for custody, but it's usually not automatic. You should talk with a lawyer if you don't already have one.... Read Answer

You can file a petition to modify yourself, but it sounds like you will need a court order to enforce those changes. Especially where child support is involved. It can be done, but there is no easy answer to your question. If it's uncontested a lawyer will usually charge less than a contested case.... Read Answer