Legal Question in Family Law in Georgia

Child Custody

I have permanent guardianship of my three grandchildren. All have the same mother and different dads. The father of the middle child (6 years old) has retained an attorney to modify the court order giving me permanent guardianship. He is asking that I not be able to relocate with the child which I have already purchased a house in Georgia prior to his motion and also for full custody of this child. The children were given to me through a dependency case which at this time he was a non offending parent living in another state. He was asked at the time if he would take her and he declined due to the fact that he did not want to split the kids up. There was a prior case where the children were taken him and the mother and given to me but a year later given back for the same thing. He was an offending parent at that time. What are the chances that a judge would split these children up after all this time and give here to him? The ages are (9), (6) and 14 months. The action is coming from the state of Florida and I now live in Georgia. Also does he have to fight me in Florida or in Georgia? I do not have the money to go to Florida to hire an attorney. Thanks Rhonda


Asked on 11/06/07, 3:52 pm

1 Answer from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

Re: Child Custody

In Georgia, generally speaking, you have to file the action in the county where the child is located or in some cases, there is a significant connection. However, if he has filed in Florida you should answer the suit and defend yourself with the notion that jurisdiction no longer applies or you might wind up losing the case there. So, you should consult a Florida attorney for the case filed in Florida. A Georgia attorney cannot help you with the Florida case. The worst thing you can do in any lawsuit is ignore it.

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Answered on 11/06/07, 4:06 pm


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