Legal Question in Family Law in Georgia
I gave a close friend of mine temp guardianship may 7th 2013 in the state of Georgia of my now 11 month old son due to small living space it was not court ordered nor notarized I haven't seen my son in 6 months I haven't heard or spoken too my friend or my son in 2 weeks, the last time we had spoken I told her I wanted him to come home she agreed but never showed!!!! Is this illegal ?? Can I just go and get him ?? What can I do as his mother?? I feel as though I'm being robbed of mother hood and all my rights!!! Please help!!
2 Answers from Attorneys
There's no such thing as a guardianship without a court order so it sounds like your friend is actually a kidnapper. Meet with a lawyer to determine if you should just go get the child, have your friend arrested or sue your friend.
The only way your friend would have legal Guardianship is if something was filed and the court entered an order. If that were the case, you should have been notified and had the opportunity to appear in court to either consent or object. Can't imagine why you haven't seen your child in 6 months and why you waited so long. If you and your friend simply entered into a private agreement, you should be able to get your child at any time. I would document the request, i.e., put it in writing to your friend, at least by text or email. You do not need to be confrontational. Simply state you want the return of your child. You need to speak with an attorney. I would not allow this to continue.