Georgia Child Custody Legal Questions

In order to change custody in Georgia, one of the parents needs to file a Petition for Change of Custody with the court. If the child is 14 or older then the court will allow the child to choose which parent he/she wishes to live with.  The court will only overrule the child in limited circumstances. Shalamar J. Parham Atlanta Divorce and Family Law Attorney... Read Answer

You have several options. You can file a motion to modify custody based on a material change in condition that negatively impacts the minor children. If the children 14 years or older, the trial court judge should consider where they would like to live, i.e., which parent's house.  Additionally, you could file an emergency motion to modify custody where the minor children would not have to be at the stepfather's house and if said motion is proved by the judge, then the children would immediately be protected from having to be in the presence and custody likely of the mother. Also you could probably TPO, also known as a temporary protective order. I do recommend that you act quickly and obtained an attorney. Best regards, Susan D Taylor Magruder & SumnerRome, Georgia706- 291-7050... Read Answer

Sir: You will need to file a motion to modify custody in the county where the child resides. I would recommend this is the done quickly. Otherwise, you will likely wind up in a fight for custody with some third-party relative. Generally, the surviving parent has the right to custody over a child in Georgia. Miele v. Gregory, 248 Ga. 93 (1981).   Susan D. Taylor McGruder & Sumner706-291-7050... Read Answer

If your children are in immediate danger then reach out to DFCS and local law enforcement authorities.  You may also be able to petition the court to change custody.  Contact a family law attorney to receive a full assessment of your matter. Shalamar J. Parham Atlanta Divorce and Family Law Attorney... Read Answer

Since your child lives in another state, you should repost your question in that state because the laws of that state would be applicable.  There are legal resources available to people with limited resources but again attorneys in the state where your child lives would have more information to provide. Good luck to you. Shalamar Parham Atlanta Divorce and Family Law Attorney... Read Answer

Absent a court order, a parent can move with their child as they please.  You should consult with a divorce attorney sooner rather than later if you want to see your son again soon.  The court will not address this issue until a divorce case is filed. Shalamar J. Parham Atlanta Divorce Attorney... Read Answer

Legitimation is the process required if the father wants to have visitation rights with the child. The mother does not have to consent to the process, but it makes it easier if she does. If she consents, the paperwork can be done in a fairly rapid manner and all parties can work together to create a visitation schedule that works. If she does not consent, a dna test will be ordered and provided that it is conclusive, a judge will order visitation.  You need to contact a local attorney to get the process started. It is not something I would recommend you try to file on your own. ... Read Answer

Did you have a divorce agreement? Is there an Order which requires you to pay medicals? She cannot ask for "past due" medicals unless there is an order stating that you have to pay. Generally, the Order or the agreement or both state that she has to give you copies of the bills first. This question cannot be answered without more information.... Read Answer

Set up a consultation with a family law attorney.  There are not enough facts presented to answer the question.  If there has been a material change in circumstances then you may petition the court for a change of custody, but it is just impossible to answer your question on this type of forum. Shalamar J. Parham Atlanta Divorce and Family Law Attorney... Read Answer

Retaining a divorce attorney would be beneficial.  Divorce attorneys have private investigators that they work with to find spouses that are hiding.  Once served, his divorce attorney can help him petition the Judge to allow him to make up visiting time and set up precautions so that his wife cannot hide the kids again if the facts justify such a request. Shalamar J. Parham Atlanta Divorce Attorney... Read Answer

Yes, your ex has the same rights you have to the children if the legitimation portion was also signed. If the hospital does not still have a copy, you may need to check with Vital Statistics in Atlanta.  He has to go to court to have any custody/visitation rights spelled out, but until then, you and he have equal rights to the children as if you were married and divorced, but no Court had yet decided who has custody and who has visitation, etc.  This goes for support, as well. If the children are living with you, and have been, he has no legal responsibility to support them until there is a court order making that so, although he may have a "moral right."  You can file with a court for custody and visitation to be set up, as well as child support, if you don't want to wonder what will happen next. Hope this helps. Danielle D. D'Eor-Hynes, Esq., Family Law Center, LLC www.hynesfamilylaw.com 478-971-1877  ... Read Answer

You do not state if you and the Mother of the children were married, how old the kids are, how many there are, where the Mother is, if she is living with someone else, if you were married to the Mother -- are you still?  Do you know where she is? As a "quick" solution, I would file a Deprivation action in Juvenile Court in the county where you and the children are living. You can do that on your own. That will produce a very fast hearing, and they will contact the Mother to let her know of the hearing. You should bring whatever witnesses and proof you have that the children were in a place where it was not safe or secure for them, or healthy from the sound of it.  From that point, if you are "given" the children by Juvenile Court Order, it will be a Shelter Care Order, giving you temporary custody. There would be a follow-up hearing 72 hours or so later to give the Mother the chance to put on a full hearing if she chooses to do so.  If she does, you would need to present all evidence, too, as to why the children were "deprived" of her "proper parental care and control" and why that would continue in the future if things were allowed to continue with the kids in her care rather than in your care.  She may not bother, if what you are saying has happened so far carries into the court. After Juvenile Court, your next step would be permanent custody and that would be filed in Superior Court in the county where you and the children are living, but if you know where the Mother is, then in her county of residence. I ask about whether or not you and the Mother were married because if you were not, then you will need to file to Legitimate the children (make them "legally" your children), and in the same document, you can ask for custody.  That is something a lawyer should help you with, and I strongly suggest you work with a family law specialist and not a lawyer who practices family law as part of a laundry list of other areas of law they practice. This case requires expertise. Hope this helps. Danielle D. D'Eor-Hynes, Esq., Family Law Center, LLC www.hynesfamilylaw.com 478-971-1877  ... Read Answer

Yes, he does by virtue of the legitimation.  That makes him the legal father of the child, with all rights that you have.  What custody and visitation are available to him is up to the Court, however, in the interim, you have equal rights. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com  ... Read Answer

The first thing here is that you and he were not married.  He has not "legitimated" his children from the sound of this, but look at the paperwork you term "paternity form." Does it state that he is the "legal father" or words to that effect?   If no court papers have been filed, there is nothing keeping you from moving.  Most courts have a "Standing Order" that requires keeping the children within the jurisdiction of the court.  Without that, you are free to go wherever you wish.  Are you getting support from him?  Will you be able to continue to get support if you move?  All things to consider. Danielle D. D'Eor-Hynes Family Law Center, LLC www.hynesfamilylaw.com  ... Read Answer

You should contact a family law attorney because there are several questions that need to be asked in your case.  Based on the limited information, you may be able to apply for a protective order or file for divorce and request an emergency hearing.  In either scenario, your case is most likely complicated and it would be in you and your children's best interest to consult with a family law attorney. Good luck to you.  Please feel free to contact my firm for a consultation. Shalamar J. Parham Atlanta Divorce and Family Law Attorney... Read Answer

You don't need a paternity test in order to file for and receive child support. You should retain the services of an experienced attorney. It would be the father's responsibility to contest paternity, if that is his desire. However, the court can go forward and order child support until such a time that he is proven not to be the biological father of your child. Retain an attorney to handle this for you.... Read Answer