Legal Question in Family Law in Georgia

Giving up your parental right

I was 15 when I gave birth to my First child.2yrs later I gave birth to my second little girl.I was homeless at the time so child sevices force me to sign temporay custody over to my aunt for two years..They told me that if I got a job and kept a permanent residence. which I have done both.I have had my job for over a year and my home.I Have show up for all my court date.I am behind in my child support payment. but it hard to pay all my bills on a 7.00 dollars a hr job.My two yrs isnt up but last week my aunt petition the court to have parental terminated. and the judge agree because of my child support is behind.I have 30 days to appeal but I need a lawyer but I cant aford one can they do this. before the 2yrs are up. please advise any help would be appreciated


Asked on 1/14/06, 8:08 am

1 Answer from Attorneys
Eric Ballinger Ballinger & Associates

Re: Giving up your parental right

When you signed over custody to your aut for two years, you made an admission that your children are deprived in your care. In that order there should have contained those things that you are required to do in order for you to have custody returned to you. You aunt has a burden of proving in court that those conditions of deprivation in the original order remain unreseolved. Failure to provide support may very well be the grounds of deprivation. You need to prove to the court that you are actively working to resolve the issues of deprivation. If that does not work, I would recommend that your aunt recieve permanent custody. At least then you would have an option in the future to come back into the court when you are older and more established and can care for your children.

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Answered on 1/14/06, 10:49 am


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