Legal Question in Family Law in Georgia

petition for custody change

My granddaughter was placed in foster care and was placed in my home. I got permanent custody of her in 2000. Her mother relinquished all parental rights. Her father, my son was in prison. He didn't sign any papers relinquishing his rights. He got out of prison in November and has been residing with us since that time. He has found a rental home, has a good job and is doing well. He wants his daughter to move with him. His daughter is 15 and wants to live with him also.

I would like to know if he needs to file a petition for change of custody even though he didn't relinquish his rights? If yes, what does this entail and at what cost approximately.

Thank you very much


Asked on 8/30/04, 10:16 am

4 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: petition for custody change

A lawyer would have to read the present order to see what would need to be done and what was involved. It would likely take a new court proceeding of some kind.

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Answered on 8/30/04, 10:20 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: petition for custody change

You would probably still need to petition the court regardless of whether your son relinquished his rights or not. It would be hard to say what the exact cost would be from your message. If you would like to call me at 404-942-3545, we could talk more about your case. Thank you.

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Answered on 8/30/04, 10:21 am
Harold Holcombe Harold D. Holcombe, P.C.

Re: petition for custody change

The original order should be carefully looked at and considered. Also, if your Son is on probation you should review those requirements.

For a low-cost solution, you might consider giving you son temporary guardianship, which is not permanent custody, but still allows the Guardian to exercise the duties of a parent. There are other extraneous factors to consider, like health insurance in these situations.

So, think through this very carefully.

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Answered on 8/30/04, 10:38 am
Tahira Piraino Tahira P. Piraino

Re: petition for custody change

Anytime there is a change of custody, it iw necessary to change the previous order. If you truly believe your son is ready to handle the responsibility of a 15-year old, you can enter into a written agreement and file a modification. You might want to consider a temporary order for six months. Many times teenagers think they want a change but find out permanent residency with the elected parent is not what he or she thought it would be. By entering into an initial temporary order, you could give both she and your son time to see if this is going to work. I would also put in stipulations such as she must maintain grades, school attendance, etc., or the temporary could be revisited. Hope this helps. Please feel free to call the office if you have additional questions.

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Answered on 8/30/04, 4:48 pm


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