QUESTION

How do I get custody of a child, and where can I find a good lawyer?

Asked on Dec 27th, 2012 on Child Custody - Georgia
More details to this question:
I do believe that I signed paternatiy papers when my son was born, but I'm not for sure. Right now, I am fixing to get married and the mother of my first child is really making things difficult for us. She does not have the best intrest of our son in mind, she only uses him to get what she wants from people. I know that my fiance and I have to be married before I can try to get custody. I just need to know how I should go about getting custody, an estimate on how much it's going to cost, and where I can find a good lawyer. I need to legitimize my child, also.
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1 ANSWER

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
Answered on Jan 02nd, 2013 at 8:43 AM

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