Legal Question in Family Law in Georgia
Custody mother vs. Grandparents
Hello. I am almost 28 years old and have a 9 year old son. At 18, my son was born and lived with me for a year. I was very young and immature at the time. I could not financially afford to take care of my son at that time, so I let him live with his father and grandparents(they live together). Now, at 28, I am financially able, settled and soon to be married. I want my son to live with me and my fiance'. There were never any legal papers drawn up for custody. At the time, it was verbally agreed as temporary. I am afraid that they are going to fight me for custody. I am a fit mother, live in a beautiful 2 story home, and a very good school district. The grandparents are already fighting about my son ever leaving their home. This has not been approached to them by me yet. My son has spoken with me about their fights. Can they prevent me from getting him? My son's father is a great father, however, he is rarely ever home due to his graveyard shift job. I am going back to college soon but I am able to be home with him by the time he would get out of school as well as my fiance'. What should I do? Am I able to bring him home? I've had a serious void in my life the past 7 years because I was unable to take care of him. Please help...
2 Answers from Attorneys
Re: Custody mother vs. Grandparents
Legally, absenta court order, you have custody. However, given the facts you state, you can anticipate that the father would challenge you if you took custody, and with the child having lived there for so long, it certainly is reasonable to expect a very difficult (and potentially very expensive)custody battle.
In a case like this, considering the effects on the child, the costs and the risks, it would make sense to discuss with the father the potential for joint custody or extended visitation by agreement, with that agreement presented to the court.
Grandparents have few rights in opposition to a parent, so the strategy would usually be to negotiate with the father quietly before the grandparents get in the middle.
Before doing any of this, you want to retain counsel and map out the plan, the risks, and the costs.
Re: Custody mother vs. Grandparents
The issue of custody is not legally between you and the grandparents, it is between you and the father. However, the reality is, the grandparents would probably be the ones backing the father financially and urging him to fight for custody. Although your situation has improved, the courts normally do not like changing custody merely because one parent's living situation has improved. The father legally does not have a right to custody unless he has first legitimated the child. Be assured, however, it is very likely the father would file for legitimation and immediately file for custody. Unfortunately, since the child has been with the father for essentially all of his life, the father has an excellent chance for custody. For this reason I would suggest you speak to the father about sharing custody. There are many ways to work out a parenting schedule wherein the child would spend a lot of time with you. Also, depending which county you reside in, mediation may be readily available to assist in resolving the issue without the need of having a trial. I would not attempt this action without legal counsel, as the father (grandparents) would probably obtain legal counsel.
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