Legal Question in Family Law in Georgia

I have temporary custody of my granddaughter for 2 years now. we mediated. neither parent have accomplished 1 of the long list of things the court ordered to gain custody back. How long is mediation agreement valid before I can ask for permanat custody. I get no finacial help and they do not visit reguraly. It is myself and the paternal grandmom that do everything for her. We are in ga gwinnett county. Visitation for my daughter is suppose to be every Sunday, she never shows up then insists that we meet her at a park or restaraunt so she can see her. If we do not agree then she threatens to take her and not bring her back. I am tired of the fighting and obligation to help someone that for 2 years can not seem to help herself.


Asked on 11/08/12, 7:30 am

2 Answers from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

It sounds like there was a deprivation action in the juvenile court and the court placed the child with you. If you desire permanent legal custody you would generally file in the Superior Court; if its in Gwinnett, they will likely transfer you back over to Juvenile Court for adjudication. If you have temporary custody you don't have to agree with the biological parents. If the biological parents were to take the child they would be in trouble criminally; it sounds like they just want to be a problem to you. You need to make the rules if you are the custodian and follow the court order. If you want permanent legal custody, there's no time frame, go for it but it has to go through the Superior Court as the JV court can only do temporary custody. Seek the advice of a good family law attorney who has done this before. Don't expect anything much to change if you get permanent custody; they'll still be broke, you'll still have to care for the child; and they'll still be the same people they are. The only difference is that you would be in complete control and would be completely responsible for the long term welfare of the child.

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Answered on 11/08/12, 7:51 am
Tahira Piraino Tahira P. Piraino

It is unclear what type of order you have. Were you awarded Temporary Guardianship? Were you awarded temporary custody? Just from what you are saying, it appears you would have a good chance of obtaining custody. At this juncture you need to speak with an attorney to review your options. In the interim, document what the mother is threatening, document the visits by both parents, try to get as much as you can documented. A threat to take a child and not return her when there is an order in place would, I believe, be a concern to the court. Rather than going through the stress of the uncertainty, I would speak to an attorney and take action to permanently protect your granddaughter. This will make her more secure as well. Children experience stress in these situations.

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Answered on 11/09/12, 4:40 am


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