Taking Custody Back From the Other Parent After Placement for a Safety Plan
My question involves a child custody case from the State of: Georgia and Louisiana. I live in georgia, my kids was sent to Louisiana are the laws for illegitimate children and parental rights the same for both Louisiana and Georgia? I'm the mother with custody they were sent to Louisiana with their father with the safety plan. Nothing has been to court we've never been married does he still have rights since Georgia lawyers have told me I can get my children? Also Child Protective Services here in Georgia has also said I can get my children as long as Louisiana laws and Georgia laws are the same as far as illegitimate children and the parental rights?
Re: Illegitimate Children and Parental Rights for Louisiana
Your post is confusing. I don't think the term "illegitimate" children is even used anymore. I'm going to assume you're an unmarried mother.
I think you need to explain the situation better. It's really confusing without any details what's going on.
Has he ever established his paternity in court? Why did you send the kids to their father? Who ordered that? Why is there a safety plan?
Re: Illegitimate Children and Parental Rights for Louisiana
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Quoting
Auntmina14
My question involves a child custody case from the State of: Georgia and Louisiana. I live in georgia, my kids was sent to Louisiana are the laws for illegitimate children and parental rights the same for both Louisiana and Georgia? I'm the mother with custody they were sent to Louisiana with their father with the safety plan. Nothing has been to court we've never been married does he still have rights since Georgia lawyers have told me I can get my children? Also Child Protective Services here in Georgia has also said I can get my children as long as Louisiana laws and Georgia laws are the same as far as illegitimate children and the parental rights?
Child services removed the children and sent them to live with their father, and you're wondering if you can circumvent Dad's physical custody by using the fact that he may not have been legally established as the father?
Is that correct?
Re: What Are Your Rights if Your Children are In Protective Custody in Another State
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Quoting
Auntmina14
I'm the mother with custody they were sent to Louisiana with their father with the safety plan.
That would appear to mean that your children were removed from your care due to concerns about abuse and/or neglect, and were placed with their parent in Louisiana due to those concerns.
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Quoting Auntmina14
Nothing has been to court we've never been married....
So at this point you voluntarily agreed to place the kids with their father in order to keep protective services from taking further action. Keep in mind that if you abrogate that agreement you could inspire protective services to initiate an action in court.
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Quoting Auntmina14
...does he still have rights since Georgia lawyers have told me I can get my children?
He has whatever rights the most recent custody order has given to him. He also has the right to petition the custody court to give him custody.
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Quoting Auntmina14
Also Child Protective Services here in Georgia has also said I can get my children as long as Louisiana laws and Georgia laws are the same as far as illegitimate children and the parental rights?
What difference would that make? And even if there were some basis for it to be relevant in the absence of a custody order, you have suggested to us that there is a custody order.
Re: What Are Your Rights if Your Children are In Protective Custody in Another State
No I'm sorry there is not a custody order we have not been to court ever. We were never married
Ok let me explain. There has not been a custody order. We were never married. Dfcs sent my children with there father due to an abusive relationship i was in. There was a safety plan stating they were to go to there fathers until further notice from dfcs and they have told me i could get my children back any time. Georgia lawyers have said so as well. But dfcs said i needed to make sure the laws for Louisiana are the same as far as parental rights and illegitimacy. This is all new to me sorry if I'm not explaining very well. Thanks
No he's never established paternity in court. Dfcs sent them there because of an abusive relationship i was in. The safety plan was for them to stay with him until further notice from dfcs that's all it says and they have said i can get them because i have sole custody.
Re: What Are Your Rights if Your Children are In Protective Custody in Another State
What does the safety plan state? Are you following it?
Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
So what you're actually asking is whether you can swoop into Louisiana, grab the children without the father's consent or against his wishes, and take them back to Georgia without any legal consequence because there is not yet a custody order.
You have not told us how long the children have been in Louisiana. If six months or longer, dad can file a custody case in Louisiana and ask that the children be ordered returned to the state. If less than six months, dad can file a case in Louisiana and ask that state to take emergency jurisdiction, with the children to be returned until the court is adequately reassured that the problems that led to the children being placed with their father have been adequately resolved. Dad can also file a custody case in Georgia, and seek custody through the Georgia courts.
In terms of the law, Louisiana gives no privilege to you as the mother by virtue of your being unwed. It looks at the children's relationship with the parents. As paternity has been established and the children have a relationship with their father, who is presently their custodial parent, you have no advantage over him in a Louisiana court simply by virtue of being their mother and, further, under Louisiana law if parents cannot agree on custody there is a presumption that joint custody is in their best interest. If you snatch the kids and dad files a custody case in Louisiana, you can expect your actions to be used against you in court.
Re: What Are Your Rights if Your Children are In Protective Custody in Another State
Yes, all the plan says is for them to go to there fathers until further notice from them.
They have been there since July 15th 2017
Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
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Quoting
Mr. Knowitall
So what you're actually asking is whether you can swoop into Louisiana, grab the children without the father's consent or against his wishes, and take them back to Georgia without any legal consequence because there is not yet a custody order.
You have not told us how long the children have been in Louisiana. If six months or longer, dad can file a custody case in Louisiana and ask that the children be ordered returned to the state. If less than six months, dad can file a case in Louisiana and ask that state to take emergency jurisdiction, with the children to be returned until the court is adequately reassured that the problems that led to the children being placed with their father have been adequately resolved. Dad can also file a custody case in Georgia, and seek custody through the Georgia courts.
In terms of the law, Louisiana gives no privilege to you as the mother by virtue of your being unwed. It looks at the children's relationship with the parents. As paternity has been established and the children have a relationship with their father, who is presently their custodial parent, you have no advantage over him in a Louisiana court simply by virtue of being their mother and, further, under Louisiana law if parents cannot agree on custody there is a presumption that joint custody is in their best interest. If you snatch the kids and dad files a custody case in Louisiana, you can expect your actions to be used against you in court.
I am thinking that when DCFS placed the children with dad he probably had to agree to Georgia jurisdiction in order to get out of state placement. It sounds to me like mom has jumped through all of the hoops that she was required to jump through and that DCFS says that she can have her children back. I do agree however that dad CAN file for custody, but I am pretty sure that he is going to have to do it in Georgia.
Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
Child protective services was called by my boyfriend because I was gone for two weeks and from my children as well and he called Child Protective Services to get help for me, not to have my children taken away and I'm also recovering drug addict that's why I was gone and he Had wanted to get help for me, so I went into their office they had me take a drug test and they told me since I did not pass my drug test that I had to find a place for my children to go and I chose their fathers and they are miserable there, he's very controlling he's already kicked my daughter out she is only 15 by the way. He had kicked her out and told me to come and get her because she was out of control so they're miserable and they're not happy there and they want to come home and so I want to go get them without their father knowing because he will want to fight with me and I don't want to cause a big scene I just want my kids to be happy that's all and they're not happy with him they're happy with me and nothing has been to court we have not been to court at all we were never married