QUESTION

If pay child support and the kids live with me what step do I need to take for custody.

Asked on Oct 10th, 2012 on Child Custody - Georgia
More details to this question:
The kids have been with me right at a month because the lights keep getting turned off and they have been evited. I was ask can the kids stay until everything get straight and get moved the move have been made but still have not came and got the kids. I buy everything I feed the kids just about everyday because they go hungry something need to be did. Is there a certain amount of time by law that they have to be with me before I can preseed with getting custody and what steps do I need to take.
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1 ANSWER

You do not state if you and the Mother of the children were married, how old the kids are, how many there are, where the Mother is, if she is living with someone else, if you were married to the Mother -- are you still?  Do you know where she is? As a "quick" solution, I would file a Deprivation action in Juvenile Court in the county where you and the children are living. You can do that on your own. That will produce a very fast hearing, and they will contact the Mother to let her know of the hearing. You should bring whatever witnesses and proof you have that the children were in a place where it was not safe or secure for them, or healthy from the sound of it.  From that point, if you are "given" the children by Juvenile Court Order, it will be a Shelter Care Order, giving you temporary custody. There would be a follow-up hearing 72 hours or so later to give the Mother the chance to put on a full hearing if she chooses to do so.  If she does, you would need to present all evidence, too, as to why the children were "deprived" of her "proper parental care and control" and why that would continue in the future if things were allowed to continue with the kids in her care rather than in your care.  She may not bother, if what you are saying has happened so far carries into the court. After Juvenile Court, your next step would be permanent custody and that would be filed in Superior Court in the county where you and the children are living, but if you know where the Mother is, then in her county of residence. I ask about whether or not you and the Mother were married because if you were not, then you will need to file to Legitimate the children (make them "legally" your children), and in the same document, you can ask for custody.  That is something a lawyer should help you with, and I strongly suggest you work with a family law specialist and not a lawyer who practices family law as part of a laundry list of other areas of law they practice. This case requires expertise. Hope this helps. Danielle D. D'Eor-Hynes, Esq., Family Law Center, LLC www.hynesfamilylaw.com 478-971-1877  
Answered on Oct 10th, 2012 at 10:37 AM

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