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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

Posted

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 ....

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5 comments

Asker

Posted

@ A james rockefeller, after the trial was found in there favor, the my lawyer at the time filed an appeal. We got denied october 31, 2011. Well at the time the lawyer notified me that a judgement had been made at all. I called him consecutively 3-4 times a week, once I got in touch with him in December 2011, he told me he would talk to the judge. Jan 2012, I contacted the superior court clerk an ask about the case. She told me the judge denied me @ the above date. So my thirty days was up, and my lawyer didnt do his job to notify me like we agreed and so now here I am

Asker

Posted

also, i need help to find a lawyer in columbus, ga. I have tried and a lot of them have multiple complaints of getting your money and not doing what they say they were going to do. Anyone have any suggestions, please feel free to give me some names

A James Rockefeller

A James Rockefeller

Posted

I don't know what you mean by "filed an appeal." This is a specific legal term and you may not be using the correct term. Please see my note above about appeals from final orders and temporary hearings. If you have lost a legal right to an appeal because of your attorney's incompetence, there may still be something that can be done, if you act promptly. I don't know what you mean by "multiple complaints of getting your money." All attorneys have clients that complain about them after the fact, as we cannot satisfy all clients completely (some also have unreasonable expectations). If the issue is about getting paid ... Well, yes, if you are going to hire an attorney, we will want our money paid up front and, depending on where you are at with things, this could run into the tens of thousands of dollars for a retainer. We would want the money upfront, so that we know that we are paid. I, as of with many of my sisters and brethern, have been stiffed by clients over and over again, on legitimate legal bills. So, you need to just do your best to find attorneys that you can talk to about your issues. BUT, understand that you may be faced with paying a hefty upfront retainer. You can also contact Georgia Legal Services in your area and/or see if there are any pro bono organizations that might provide you with help.

Asker

Posted

Multiple complaints where located online regarding different lawyers and them ripping off clients. Thanks SOOO much Mr. Rockfeller, you have helped me tremendously!!

A James Rockefeller

A James Rockefeller

Posted

Well go with the ones without complaints or pay closer attention to the complaint. Clients think they are being ripped off for a whole variety of reasons that are not founded; which is not to suggest that there are not attorneys that will do this. Just don't assume one way or the other with respect to complaints on the web. Good luck and you are welcome.

Posted

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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