QUESTION
Is the fact that I am her mother not enough to get my daughter back?
Asked on Aug 13th, 2012 on Child Custody - Georgia
More details to this question:
A year ago I gave a friend temporary guardianship of my 4 year old daughter when I had to go to jail for 45 days for violation of probation. I was on probation for a V.G.C.S.A. charge. The 45 days completed my probation. My restitution is paid in full. She agreed to keep custody while I got back on my feet. During the last year my daughter has spent nearly as much time with me as she has the legal guardian. I have date stamped pictures and videos to prove it. I have a job and a permanent residence. I filed paperwork 2 weeks ago to end her temporary guardianship. She would not come to the courthouse to sign the papers and give my daughter back to me. I can only assume that she is going to dispute my custody request. I have no legal problems and no DFACS cases.
1 ANSWER
Assuming that the temporary guardianship that you refer to was properly granted in the Probate Court, under our law you have the right at any time to petition the Probate Court to terminate the temporary guardianship. If notice is properly served upon the temporary guardian, the temporary guardian must file an objection within ten (10) days. If no objection to the termination is filed by the temporary guardian within ten (10) days of the notice, the court must order the termination of the temporary guardianship. If the temporary guardian objects to the termination of the temporary guardianship within ten (10) days of the notice, the Probate Court has the option to hold a hearing regarding the objection or the Probate Court can transfer the records relating to the temporary guardianship to the appropriate Juvenile Court. The Juvenile Court must then determine, after notice to all parties and a hearing, whether a continuation or termination of the temporary guardianship is in the best interests of the child. You best course of action is to employ the services of a competent and experienced family law attorney and follow his advice.
Answered on Aug 16th, 2012 at 7:32 PM