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How can I get sole custody of my child back from a third party?

Columbus, GA |

I gave temporary guardianship of my daughter to my stepfathers aunt. Reason bc they were helping me when I went to college an they were moving to another location(due to military). It was no problem with me getting my daughter home at first. I sent my daughter back to transition to my original hometown, so She finished the rest of her school year with them. problem: Its time to get her home they didnt wont to give her back. They filed a order against me stating false allegation and judge did a temp custody. Since then i have abind by all the rules and went to court. They ruled in there favor stating best interest of child,never filed to terminate guardianship, unfit parent with no evidence of me being unfit. did appeal with same judge lost;lawyer screwed up n refiling;FIREDHIM;need help!

Attorney Answers 2

  1. I am sorry about the mess you are in. I am assuming that the temporary guardianship was in probate court. You could have originally filed an action there to have the guardianship terminated (and, technically, I believe that is only valid for 2 years).

    Evidently, the judge believed the false allegations and don't know what you mean by "appeal with same judge." If the aunt filed an action in Superior Court, there would have been a temporary hearing and then a final hearing. If the judge granted custody at the FIINAL hearing, you would have to either appeal that decision or file a second action based on new facts after the fact (this is probably not the best way to go).

    You fired the attorney ... Well, you are probably not going to be successful on your own (point being that you are asking for help on the internet), so you would have to hire a new attorney, which of course is an additional significant expense.

    So, to sum it up, if you have already had a "final" hearing, you have 30 days from the entry of hte order to appeal; if you have not had a final hearing, there is still time to turn the judge around. If you have missed the time to appeal a final order, your chances of changing things in the short term are very, very dim, and have to be based on facts since the entry of the final order. Whatever you do, you will want to scrape together some dollars to hire an attorney to act for you, as you are not likely to be successful on your own. I wish you the best ....

    The information is for general information purposes only. Receipt of this information or e-mail from our website, or other communications should NOT be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.

  2. Your question, while long, does not provide an attorney with enough information to answer your question. I would suggest scheduling a consultation with another attorney immediately if there are potential deadlines looming. Bring with you to the meeting as many documents relating to the case that you can gather, including every document filed in the Court or given to the Judge at the hearing. Be prepared to give the lawyer you meet a concise timeline of events so you can make the most efficient use of your time with the lawyer.

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