Georgia Child Custody Legal Questions

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302 legal questions have been posted about child custody by real users in Georgia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Georgia Child Custody Questions & Legal Answers - Page 7
Do you have any Georgia Child Custody questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 302 previously answered Georgia Child Custody questions.

Recent Legal Answers

My mother wants him to stay with her, the father wants my child with him, and I want my son back with me, what are my rights?

Answered 12 years and 11 months ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Unless your mother willingly gives up her guardianship, you will have to go to probate court to have it dissolved. You are the mother so you have rights, but so does the father. You have not provided sufficient information, like, why your mother has guardianship, to further advise you, so I suggest contacting an attorney.... Read More
Unless your mother willingly gives up her guardianship, you will have to go to probate court to have it dissolved. You are the mother so you have... Read More

home address requirement

Answered 12 years and 11 months ago by Mr. Thomas Lee Maddox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A parent is entitled to know where their child is sleeping at night.  If it is not spelled out in the divorce order, then it needs to be put in.
A parent is entitled to know where their child is sleeping at night.  If it is not spelled out in the divorce order, then it needs to be put in.

Can my wife legally leave state with the kids?

Answered 12 years and 11 months ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes she can. I suggest you get a lawyer and file an emergency instant to keep her from leaving. You should then set up a temporary custody hearing until the matter can be resolved.
Yes she can. I suggest you get a lawyer and file an emergency instant to keep her from leaving. You should then set up a temporary custody hearing... Read More

Is it recommended I allow my 3 kids to go to my husband's for visitations if he has a history of alcohol and drug abuse?

Answered 12 years and 11 months ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I would not allow visitation without a court order if you suspect he is abusing drugs or alcohol.
I would not allow visitation without a court order if you suspect he is abusing drugs or alcohol.

Does a father need an attorney to request joint custody from the courts

Answered 13 years ago by Mr. Thomas Lee Maddox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you have not legitimated the child, then you will need to file an action for that along with a request for custody/visitation priviledges.  Along with all that, you will need several items including a proposed "Parenting Plan", a "Child Support Addendum" along with the Support Worksheets.  Most folks do  get a lawyer to handle these types of issues.... Read More
If you have not legitimated the child, then you will need to file an action for that along with a request for custody/visitation priviledges. ... Read More

Jurisdiction Changes

Answered 13 years ago by Mr. Thomas Lee Maddox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you were residing [or simply present] in Georgia when served, then the Court does have jurisdiction over you.
If you were residing [or simply present] in Georgia when served, then the Court does have jurisdiction over you.

if the mother dies what rights does the father have?

Answered 13 years ago by Mr. Thomas Lee Maddox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You'll need to file an action for legitimation and seek custody of the kids.  Since they live in Florida, you'll have to file in the County of their residence.
You'll need to file an action for legitimation and seek custody of the kids.  Since they live in Florida, you'll have to file in the County of... Read More

Can I get full custody of my child if her father is not on the birth certificate?

Answered 13 years ago by Mr. Thomas Lee Maddox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you are asking that your husband not have visitation, that has to be supported by some pretty awful facts.   As for the child support, a contempt motion and a little jail time will take care of that.
If you are asking that your husband not have visitation, that has to be supported by some pretty awful facts.   As for the child support, a... Read More

what do to get custody of my 15 year old daughter child

Answered 13 years ago by Mr. Thomas Lee Maddox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You will need to file an action for Modification along with an affidavit signed by your daughter electing to live with you per the Code.  Feel free to call if I can be of assistance.
You will need to file an action for Modification along with an affidavit signed by your daughter electing to live with you per the Code.  Feel... Read More

child custody

Answered 13 years ago by Mr. Thomas Lee Maddox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Always hire an attorney when custody is in issue.  Has he been held in contempt for the $11,000 he owes?
Always hire an attorney when custody is in issue.  Has he been held in contempt for the $11,000 he owes?

Im seeking to end temporary custody granted to my Aunt in 2009 signed by superior judge

Answered 13 years ago by Mr. Thomas Lee Maddox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If the case is still pending, then you'll need a new Order.  If not, then you will have to file a modification action.
If the case is still pending, then you'll need a new Order.  If not, then you will have to file a modification action.

Can I still get child support in Georgia if my child does not have her father's name?

Answered 13 years ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The child's name does not determine whether she/he get's child support. What determines child support is the legal status of the father, i.e., is he on the birth certificate, has he acknowledged the child, has he legitimated the child.
The child's name does not determine whether she/he get's child support. What determines child support is the legal status of the father, i.e., is he... Read More

Can the father have his name removed from the birth certificate two years later because he is seeking a divorce?

Answered 13 years ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is possible, but the courts usually do not allow a child to be "de-legitimized."
It is possible, but the courts usually do not allow a child to be "de-legitimized."

What do I do if I haven't paid for five years and couldn't find a job and now I have an show cause appearance?

Answered 13 years ago by Michael J. Breczinski (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
You need to find an attorney and go in with proof of all the places that you have been looking for work at.
You need to find an attorney and go in with proof of all the places that you have been looking for work at.

How do I file for legitimization in Georgia and does a 50/50 split nullify child support?

Answered 13 years ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
To legitimate your child, you must petition the Superior Court. There are some free services that can help, but I suggest hiring a lawyer. 50/50 split of custody does not necessarily nullify child support.
To legitimate your child, you must petition the Superior Court. There are some free services that can help, but I suggest hiring a lawyer. 50/50... Read More

Can I be made to pay child support by another state after my obligation has expired in another state?

Answered 13 years ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You have not presented enough facts, but generally speaking, you can petition another state to enforce a child support obligation incurred in a foreign state. Your only real option is to challenge that you owe support in the Alabama court system.
You have not presented enough facts, but generally speaking, you can petition another state to enforce a child support obligation incurred in a... Read More

Can one parent get temporary custody without going to court in GA?

Answered 13 years ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can get temporary custody without going to court if both parties consent. For your protection, you should still have an attorney write and file a temporary consent order with the court.
You can get temporary custody without going to court if both parties consent. For your protection, you should still have an attorney write and file... Read More

What is the process in GA to remove child support so I donโ€™t give her mother $750 a month that she puts in her pocket for herself?

Answered 13 years ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The only way to modify child support, is to petition the Superior Court. Parties cannot, by themselves, modify child support.
The only way to modify child support, is to petition the Superior Court. Parties cannot, by themselves, modify child support.
Generally speaking, you no longer have a legal relationship with your children, so you do not have any "automatic" rights if something happens to your mother. If she chooses to do so, she can create a Will that names you as the legal guardian of the children in the event of her death. I recommend she consult with an attorney to discuss this in greater detail.... Read More
Generally speaking, you no longer have a legal relationship with your children, so you do not have any "automatic" rights if something happens to... Read More

How can I have a legal document saying when and where he can see our children?

Answered 13 years and a month ago by Mr. Vincent D Sowerby (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
In Georgia, A Parenting Plan is required by law and covers all those subjects.
In Georgia, A Parenting Plan is required by law and covers all those subjects.

How do I go about adopting her or gaining full custody over her?

Answered 13 years and a month ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
This a very difficult question because adoption effectively terminates the mother's rights to her child. How about the father? What is his position on this matter? I recommended getting an attorney and gaining guardianship over the child. If the mother agrees, it makes it much easier. After you're appointed guardian, the mother can't break the guardianship without your consent or showing it's in the child's best interest. This even applies under "temporary" guardianship.... Read More
This a very difficult question because adoption effectively terminates the mother's rights to her child. How about the father? What is his position... Read More

What can I do about getting my son back?

Answered 13 years and a month ago by Mr. Robert S. Poydasheff, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Only a court can modify a custody agreement and child support. You must go back to court and petition for primary custody. You will need a lawyer, however, because , it appears there is a jurisdictional issue, of which court is the correct court to petition.
Only a court can modify a custody agreement and child support. You must go back to court and petition for primary custody. You will need a lawyer,... Read More

how can i deal with this situation?

Answered 13 years and a month ago by Mr. William Leonard Colvin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You know as a minor I don't believe I can advise you - I'm really sorry to say that but I think I can tell you that you have a school counselor with whom you can share everything you are tallking about - make an appt. - the counselor's job is to help u - good luck!
You know as a minor I don't believe I can advise you - I'm really sorry to say that but I think I can tell you that you have a school counselor with... Read More

best way to obtain child custody with proof of neglect.

Answered 13 years and a month ago by Mr. Thomas Lee Maddox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The first method would be to call DFACS and have them do a home investigation.  Second, you can file a modification action to obtain custody.
The first method would be to call DFACS and have them do a home investigation.  Second, you can file a modification action to obtain custody.

I need to have the divorce papers changed, how do I go about this?

Answered 13 years and a month ago by attorney Ms. Tiffany R. Lunn, Esq.   |   1 Answer   |  Legal Topics: Child Custody
You should contact an attorney and find out your options about filing for child custody modification. Once all relevant details have been discussed and analyzed, you should be able to find out more information about your options. You can find out more information here.  The best of luck to you. Disclaimer: This answer given by Attorney Tiffany Lunn is not a substitute for legal advice. The answer does not establish an attorney client relationship is should not be taken as legal advice but is intended and should be taken for informational purposes only.... Read More
You should contact an attorney and find out your options about filing for child custody modification. Once all relevant details have been discussed... Read More