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Hypothetical custody question

If a girl, say 16 yrs old, is able to get herself emancipated by graduating early and proving herself capable of caring for herself even better than the foster care system she grew up. How would she go about filing for custody of her own child then? If, say, her child was also in the foster care system with her from birth. The circumstances of an extremely young pregnancy, issue of conception due to rape...

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Attorney answers (1)

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This is a difficult question to answer without more facts. You need to determine who is the current legal custodian of your biological child. You may be the biological mother, but you are not the legal mother. The legal mother is the person who has physical custody of the child and decision making authority over the child's activities, education, health care, etc...

You may have surrendered your legal rights to the child at some point, when she entered the foster care system. You need to speak to an Attorney and provide him/her with more facts about your case, so that you can get a better answer to your question. It would be helpful to have all of the paperwork concerning your biological child (any and all legal documents you ever signed pertaining to the child, and any and all legal paperwork that the current legal custodian of the child has in his / her possession would be very useful).

Speak to an attorney who practices in Family Law. Many local Atlanta attorneys offer free consultations.

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