Georgia Child Custody Legal Questions

This is difficult to answer without being involved and knowing exactly what is going on in your case. A lot depends on what type of court hearing this was, and whether your husband is even involved or contesting the divorce. The fact of you living with another man may or not be relevant, but it is not clear why the judge said that in your case. A lawyer would help greatly in your situation to know how to handle it going forward.... Read More

You may have to hire a lawyer and file a petition for custody in court. Since you were married, technically both of you have equal rights to custody. A court must determine, based on the evidence, who should have primary custody going forward. They would also address the child support issue.... Read More

As a general rule, a father that is unmarried to the child's mother has no parental rights until the child is "legitimated" by the court. Therefore, it sounds like he would need to file a petition to legitimate. A lawyer can help with this. If that is granted, he would then be able to ask for specific visitation rights.... Read More

The only advice I can offer is to hire a lawyer and file for divorce if that is what you are seeking. Otherwise, you will have equal rights to the child and it would be difficult to keep her from seeing the child or trying to keep the child full time. You should have a good argument in your favor, but a court order is the only sure way to handle this. ... Read More

This is difficult to answer without having represented you in the divorce. There can be different rules for visitation periods just depending on the final order. Most courts would encourage you to work it out directly with the former spouse to best of your ability. The main question is whether the intent is just for Easter church service or for the whole weekend. Other than that, there is no specific law that applies, other than looking at the Order and the intent of the parties or the Court.... Read More

Based on your information, it sounds like you may need to file a Petition to Legitimate with the court. You can also file a Petition to Change Custody and ask that you be awarded custody of the child. You certainly don't have to "just let it be" but it is important to file something soon. A family law attorney can help you with this.... Read More

I am not sure I completely understand the question, but I will answer the best I can. Most of the time, a petition can be filed with the court to change custody, and the best interests of the child will be the primary concern. A letter written at some point by the mother is not likely to have great weight in making the decision of who gets custody. It is not clear, however, whether the mother in your question is going through a divorce or has died. Therefore, I'm not sure who the parties are who will claim custody of the minor child. There are different laws that apply depending on if it is a close relative versus an unrelated party or if they are related. Bottom line, a lawyer could likely help in this situation regardless of the letter that was written.... Read More

You would not file another case against your ex girlfriend but would need to file a response to her child custody case. (Also, assuming the jurisdiction is correct in that she is in the proper court.) No one can predict what the court will do in your case. The fact that you are heavily involved in your son's life is important and should be brought to the attention of the court through evidence at a hearing and through your response and declarations. Also, since your son is 13, you may want to consider where your son wants to reside. At age 14, the court must listen to the opinion of a child as to where/with which parent they want to reside. However, the court does have the discretion to still listen to a 13 year old child's opinion but it is not mandatory that they do so.... Read More

The facts you present are VERY troubling on several fronts. First, you indicate that you were served via a card at the post office. Serving someone by certified mail does not constitute valid service in legal proceedings. Second, you indicated that at the time of divorce, there was no mention of your child during the divorce proceedings. Third, you indicated that you have since re-married. More information would be needed to advise you further. You are STRONGLY advised to (at a minimum) consult with an attorney and allow the attorney to review your divorce documentation. There needs to be an order addressing the issue of custody, visitation, child support, etc. The court will be curious as to why there was no mention of a child during the divorce proceedings. Since you reside in Georgia, these issues may be addressed in your county of residence.... Read More

Don't listen to him. Now you are stupid if you allow him to be alone with her. Presuming you are not stupid, just seeing her with you does not ruin anything for you. As for custody, there is no way the court will allow him to have custody of her. This may be one of the few instances where the court would approve your moving out of state with the child because there is no way he can provide a home for her. All you can do is ask.... Read More

You need to hire a good lawyer who can present the courts what is in the child's bedt interest. Up rooting her to live under house arrest doesn't seem to be in her best interest. We offer a free in office consultation. I would really like to sit down and go over the facts. I know we can help you. ... Read More