Legal Question in Family Law in Georgia

Mother signed over custody with a notarized letter

The unwed mother called the biological father and said He could have ''primary custody'' and she would be the ''non-custodial parent'' with visitation every other weekend. She wrote this in a letter and had it notarized with the date and her signature.

1-How do we stop deducting child support from the Dad's paycheck with this letter as proof that he know lives with us?

2-What's the most inexpensive way to obtain Legal and Official custody now that she has given us full responsibility of raising her son?


Asked on 11/11/06, 1:29 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Mother signed over custody with a notarized letter

The notarized letter is meaningless in terms of changing child support. Only a court order can do that. At this point, get a lawyer and file a change of custody suit. The letter may prove very useful in the case. Feel free to call me if you're in the Atlanta area to handle this.

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Answered on 11/11/06, 2:07 pm
Stephen Worrall The Manely Firm, P.C.

Re: Mother signed over custody with a notarized letter

I cannot tell you how many times I have seen a similar situation where the new "custodial parent" did nothing and still had to pay back child support. You need to hire an attorney and modify the custody leglly immediately to stop the support from accruing. Until there is a new order, the old one is still in full gear and operational. Please let our office know if we can be of further service.

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Answered on 11/11/06, 4:22 pm


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