My sons mom says i do because i did not show up for court but i have not received anything in the mail about it.
It sounds like maybe there was a pre-arrest hearing that you didn't show for on a charge of child abandonment. If that's the case, then a warrant may have issued. You can call the sheriff's office to find out if a warrant issued for your arrest, or you can have an attorney do so on your behalf. It would be wise for you to speak to a criminal attorney.See question
My husband filled out a divorce packet without me and paid the filing fee but did not give it to the judge to be signed due to holiday break and has now returned to his duty station is it possible for his mom to turn the divorce papers in to the c...
You posted earlier and I responded. You cannot dismiss for him. He can dismiss his divorce complaint or his legal representative can dismiss on his behalf.See question
Hi my husband filed for a divorce without me and no longer wants the divorce is it possible for me to attend the court to have it dismissed? He is unable to because he has relocated out of the state to his next army station he filled out the paper...
If the divorce was filed by your husband, then he or his attorney can dismiss it by filing a motion to dismiss. He does not need to be in Georgia to file it. He can mail it in or in some counties he can e-file it. He may be telling you that he wants to dismiss to buy time, prevent you from filing an Answer, and may try to schedule a final hearing without notice to you. You should not try to navigate this process without legal representation. Look in your area for an attorney who practices family law. Look at his or her reviews. Speak to your friends who have been through divorce about who they have used, get referrals, go and consult with attorneys you are interested in retaining. I don't know when you were served, or if the time to file your answer has passed or is about to pass. It would be wise for you to speak with someone right away.See question
We were unmarried at the time of our daughter's birth so is she legitimized if we signed the CS 909 form at the hospital? The birth certificate and social security card have the fathers last name. Also we were married when she was about 16 months.
The law that allowed parents of children born outside the marriage to legitimate via acknowledgement was abrogated. While yours may have been signed prior thereto, the fact is that when you married the biological mother and held your child out as your own (assuming you did), those actions served to make him your legitimate offspring. (See OCGA 19-7-22)See question
I have shared custody with my ex, how can I convert from joint to sole or full custody of my daughter who has special needs.
You don't indicate whether you are seeking sole physical and/ or legal custody of your child. In Georgia, they are two types of physical custody: 1) sole physical (The other parent would be the noncustodial or visiting parent) and 2) joint physical (shared or equal time - or something very closely approximating shared time). There are also two types of legal custody - sole and joint.
As joint legal custodians, you have an obligation to confer with each other in good faith in an effort to arrive at mutual decisions concerning your child's medical care and treatment, education, extracurricular activities, and religious upbringing. Typically, in the event of a stalemate, there is a final decision maker. Sometimes, final decision-making authority is split, such that one parent, as an example, has final decision making authority over medical and religion, and the other parent has final decision making authority over education and extracurricular activities.
The legal burden in seeking a modification of custody action is two fold. You first have to demonstrate that there's been a material change in circumstances affecting the health and welfare of your child. Secondarily, you have to demonstrate that the modification is in your child's best interest.
With any child, particularly a child with special needs, continuity of care, a stable home environment, a daily routine, consistent parenting - these things are critical. If you do not believe your child's special needs are being timely and appropriately met, if you feel like your child's other parent is not providing a safe and stable home environment, then you may have a viable case for modification of custody.
You have not addressed any particular facts in your post, so it would be wise of you to sit down with a family lawyer to discuss what the specific facts of your case are.See question
My 9 year old daughter currently lives with my ex-wife in South Carolina. She has been asking lately to move down to Georgia with me. The divorce was filed in Georgia, but ex-wife moved to South Carolina with the kids 6 months after the divorce. I...
As to your first question regarding jurisdiction:
The Georgia Code [OCGA § 19-9-62(a)] provides that exclusive continuing jurisdiction lies in the court of this State that has made a child custody determination consistent with OCGA § 19-9-61 until either
(1) a court of this State determines that no pertinent party has a significant relationship with the State and substantial evidence concerning the child’s welfare is no longer available in the State or
(2) there is a judicial determination that no pertinent party presently resides in this State.
You have not indicated that a Court has made either of those findings, so Georgia retains jurisdiction over the modification action.
As to your second question, the relevant inquiry is not whether the mother is unfit. Your legal burden in a modification of custody case is to show that there has been a substantial and material change in circumstances affecting the health and welfare of your child and that it is in her best interest that custody be modified. Other than her desire to live with you (note that even if she were 14, an election would not be controlling, and being that she is not even 11, the Court might decide to give zero weight to her desires), what is the basis for your requested modification?
Consider these questions (and similar ones): Has your daughter been getting to school regularly and timely - or is she truant? Have her grades declined meaningfully in her mother's custody - or has she been doing well academically? Has she been engaged in extracurricular and social activities, or has her interests in same been stifled? Have her medical, dental, or therapeutic needs been met - or neglected? Has there been any DFCS involvement with the family since she moved with her mother? Has she been subjected to physical or psychological abuse by her mother or a stepparent? Bottom line, if she is thriving and doing well behaviorally, academically....if her medical needs are being met...if she is doing well in every respect, other than that she has expressed an interim desire to live with you, then your modification for custody will likely fail. However....
You might consider seeking a modification of parenting time / visitation. The legal burden in a modification of visitation case is to demonstrate that it is in your daughter's best interest for the modification to be granted. If your daughter is missing you, if she wants more time, if you are a positive role model and influence for her, if her spending additional time with you would not interfere with her schooling, if her mother has not been willing to allow additional time or been flexible or accommodating with you, then you might speak with an attorney about the specifics and inquire regarding the viability of a modification of parenting time action.
Best to you.See question
My sons father signed the PA at the hospital and signed the birth certificate as well. Is the pa supposed to be filled in the system within 60days? So does that mean that he has rights? Me and the father are not married.
1. Paternity and legitimation are NOT the same thing.
2. Paternity refers to the biological relationship between a father and his child.
3. Legitimation refers to the legal relationship between a father and child.
4. Signing an Acknowledgment of Paternity in the hospital - and/or a Certificate of Birth does NOT render a child legitimate.
5. Signing an Acknowledgment of Legitimation (consented to and signed by both parents) will serve to legitimate the child, but it will NOT entitle the father to parenting time.
6. The father can file an action with the Superior Court to request visitation or custody.
7. If the father and mother have not signed an Acknowledgment of / Consent to Legitimation, then he can file a petition for legitimation in the Superior Court and see visitation rights or custody.
8. If he has already legitimated, then he can file the petition just to seek visitation or custody. His legal burden is two-fold: he has to show that he has not abandoned his opportunity interest to form a relationship with the child and that it is in the child's best interest that the legitimation be granted.
9. And in seeking visitation or custody, he has to show that it is in the child's best interest that the visitation or custody be granted.See question
I just went through a divorce on June 2, 2015. The judge rendered her order and now the opposing party has filed for a motion to reconsider some parts of the divorce decree order. I don't have an attorney, can I file a motion against the opposing ...
You can file a brief in opposition, but you have to be prepared to support your position with the facts, the law, and an appropriate legal analysis. You would be wise to retain an attorney.See question
My son is 16. Of coarse I'm not looking for back pay but going forward has been difficult.I've been attempting to file since I picked my son up from his dads in June 2014. I can't even get passed the application process. I need a review. The old r...
No, it would not be ethical for an attorney to take your child support case on a contingency basis.See question
after three years, we just agreed on a mediation agreement, however soon after, at final hearing all parties are in agreement, the Guardian is suddenly not.and reveals allegations of abuse, which my lawyer then tells the court, why did guardian wa...
You are not providing us with information we would need to give you an informed and meaningful response. However...
It appears that you have an attorney, and ostensibly access to the GAL, and one or both should be able to answer questions about when the allegations of abuse were raised, by whom, the nature of those allegations, etc. If there is a GAL report and you have not seen it, ask your attorney to show it to you.See question