Georgia Child Custody Legal Questions

Most divorce Agreements contain a provision about early notification if a custodial party is planning to move.  If that provision is not contained therein, then you would not be 'required' to let him know that you are moving.  However, it is good practice to advise of the move.   Also, it is important to make sure that your move would not place you in a contempt circumstance - such as if you were required to deliver the child to your ex-husband for visitation.... Read More

If there is no custody order giving your husband primary physical custody of your child, then it is not kidnapping if you move out and take the child with you. Time your leaving with filing a petition for custody, parenting time and support, so that you get the temporary order in your favor.... Read More

Whatever you think sole/full custody means, the only way you can get it is from a court. Unless and until the father attempts to get some court ordered legal rights, you have complete control and authority of your child and you don't need anything else but the birth certificate showing that you are the mother. As for the income tax exemption, the only way the father could be entitled to the exemption is if the child lives with him for more than the year and he is providing at least of the child's financial support. It does not sound from your facts that he could begin to argue any claim to the exemption.... Read More

None. Your duty to your child is to receive and apply for the child's benefit the money the father is obligated to pay to his child for his child's support and maintenance. The child has the right to be supported by his father. Termination of the father's parental rights, just b/c he does not like the inconvenience of having to pay for his child, is not in the child's best interest. Monetarily, all the law has to say is tough nuggies to Dad. If visitation with Dad is also not in the child's best interest, then tough nuggies again as the court won't let him.... Read More

It sounds like no court has ever entered an order specifying who gets custody and who should pay child support. In the absence of a court order, both parents are free to conduct themselves in whatever manner they choose. If a court order has been entered, then whatever changes are to be made ought to be made by court order, no matter whether the order is entered by consent or after a contested hearing.... Read More

First of all, the Court Order that is in place right now states your fiance's rights to his kids, when he sees them, under what conditions, etc.  If the Order states that he cannot have the children around a convicted felon, then if she knows then she can stop it.  If it does not limit him in a manner that includes you and your past, then she cannot legally deny him without first taking it to court to change the Order that is in place right now.  She cannot deny him visitation and, at the same time, file something to change visitation because that is not allowed by Statute (law).  She can do it, but not legally, absent wording in the last Court Order that allows her to do so. Hope this helps. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com 478-971-1877... Read More

First, you need a Family Law Specialist. I don't know where in Georgia you are, but the Georgia Bar has information or you can look it up online for Family Law or Custody Attorneys in your area.  Some travel around Georgia but it is usually cheaper to find one in your area so you are not paying for their travel time, too.  Then look them up at the Georgia Bar site to see if there are any disciplinary records against them.  If the lawyer has a website, look at the reviews. You don't say how old your son is, but in the very recent past, the hospitals have had "legitimation" as part of their paternity paperwork.  It is one form, with paternity acknowledgement on the top, and the bottom of it is the legitimation.  Both parents must sign it.  Without that, paternity means nothing more than you have acknowledged your responsibility for that child.  Next step, then, is legitimation and custody/visitation.  You will need to expect that support will be figured there, as well.  You should have some good proof as to why custody of the child is something that will support the child's best interests rather than him staying with his Mother.  Legitimation and custody/visitation and support can all be done in the same document filed with the court and served on the other parent. Costs vary depending on the area of Georgia you are in, if the firm is a big one or not, and if the Attorney is well known and has a good reputation.  Remember, anytime you hire someone, you are paying for their representation of your interests and their expertise, but you are also keeping them from being hired by the other side.  So, you are paying for them to be exclusive to you. There is also the issue of whether the case will be a "fight" or what we call "Contested," versus "uncontested." Fees range according to how much of a "fight" and how long the case will  last, as well.  Some Attorneys take payment plans, some don't.  Some require half of the fee up-front, with monthly payments on the balance, etc. Then there are Court filing fees of $205 to file a case, and the cost of having it served on the other side, which is usually $50 for the Sheriff, but more for private service.  Some Attorneys also have fees to meet with them, a consultation fee. Some, like my firm, will credit that fee to your bill if you retain the firm that day. Hope this helps. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com 478-971-1877... Read More