QUESTION

Can my mother try and file for custody of my son?

Asked on Oct 02nd, 2014 on Family Law - Georgia
More details to this question:
If I move out with my son my mom is threatening to take my son away from when he has loving parents. Is there any thing I need to know that could help mm email keep this front happening?
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1 ANSWER

Family Law Attorney serving Valdosta, GA at J. Allen Lawson, P.C.
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It is difficult for a third party (grandparents, uncles, siblings, etc) to take a child away from his or her legal and biological parents in Georgia.  They must prove you unfit; not simply that you may or may not be a good parent, but unfit to the point that your child would be taken from you by DFACS for example.  It is a very high standard for your mother to meet.  Always underlying a custody case is the question, "what is within the child's best interest".  There is a presumption in the law that it is within the best interest for a child to be with his or her parents.  I would encourage you to seek local counsel.  There are many factors that could come in to play such as your current marital status and your age.
Answered on Oct 02nd, 2014 at 1:43 PM

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