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  1. #1
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    May 2013
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    Default How Do I Gain Rights As Legal Father

    My question involves a child custody case from the State of: GA

    I know that I have to file legitimization papers but twice when I took them up to court I was directed by two different people to do two different things, and now I'm lost with what to do. The child of the mother and I signed over our rights to give the maternal grandmother temporary legal guardianship when she was three months old (in 2006) because neither of us could financially or physically care for her at the time. The mother of the child lives somewhere in Lilburn, the information has been withheld from me and the maternal grandmother recently moved to Loganville, also address has been kept from me. I went to file in Rockdale County because that is where the child lived at the time of placing the guardianship but they told me that I would have to file and serve where the mother lived. Even though the woman I spoke with the week before had been willing to accept my paperwork and serve the mother but I did not have the correct amount of money at the time.

    The guardianship papers say that the maternal grandmother is supposed to let the court know with any address change but am unsure if they have let the courts know but am open to going by the courthouse and asking if they are aware of this change. However, I just feel confused... do I file the legit papers in the court that knows the case or in the county that the mother lives or where the maternal grandmother/legal guardian lives?

  2. #2
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    Oct 2006
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    Default Re: How Do I Gain Rights As Legal Father

    Quote Quoting twospudz
    View Post
    My question involves a child custody case from the State of: GA

    I know that I have to file legitimization papers but twice when I took them up to court I was directed by two different people to do two different things, and now I'm lost with what to do. The child of the mother and I signed over our rights to give the maternal grandmother temporary legal guardianship when she was three months old (in 2006) because neither of us could financially or physically care for her at the time. The mother of the child lives somewhere in Lilburn, the information has been withheld from me and the maternal grandmother recently moved to Loganville, also address has been kept from me. I went to file in Rockdale County because that is where the child lived at the time of placing the guardianship but they told me that I would have to file and serve where the mother lived. Even though the woman I spoke with the week before had been willing to accept my paperwork and serve the mother but I did not have the correct amount of money at the time.

    The guardianship papers say that the maternal grandmother is supposed to let the court know with any address change but am unsure if they have let the courts know but am open to going by the courthouse and asking if they are aware of this change. However, I just feel confused... do I file the legit papers in the court that knows the case or in the county that the mother lives or where the maternal grandmother/legal guardian lives?
    You honestly need an attorney. I don't believe this is something that you can handle without one. Where is mom?

  3. #3
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    May 2013
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    Default How to Establish Rights as a Father

    My question involves paternity law for the State of: GA


    Does filing legitimization gain me my rights as well as get my name on the birth certificate or will I have to have a court-ordered DNA test done? Also, do I file the paperwork in the court that originally set up the temporary guardianship seven years ago or in the county where the mother resides or the county in which the maternal grandmother/legal temp guardian lives?

  4. #4
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    Oct 2006
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    Default Re: How to Get Name on Bc and Gain Rights

    Quote Quoting twospudz
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    My question involves paternity law for the State of: GA


    Does filing legitimization gain me my rights as well as get my name on the birth certificate or will I have to have a court-ordered DNA test done? Also, do I file the paperwork in the court that originally set up the temporary guardianship seven years ago or in the county where the mother resides or the county in which the maternal grandmother/legal temp guardian lives?
    If any of the other parties challenge the legitimization then yes, you will need a DNA test to prove paternity.

    Again, you NEED an attorney.

  5. #5
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    May 2013
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    Default Re: How Do I Gain Rights As Legal Father

    I figured that would be the case and have one on-call but have yet to sit down with her and work out the details. I thought I'd try this site first and see what I could come up with, I don't want to go in looking like a chicken with his head cut off.

    The mom was in and out for the first four years and then moved in with her mother and our child in 2010 and recently moved out to live with her fiance, she's pregnant with her second child. She won't speak to me and is angry with me and is very controlling. As far as I know, our daughter lives with her on weekends and plans to live with her after school ends this week but she has yet to gain her rights back. I don't know much because one minute she's okay with me and the next she's blowing up at me and cussing me out and telling me that my daughter doesn't need me and she's better off without me. I just don't know what to do but take legal action.

    I'm regretting not signing the birth certificate at the birth but she was being adopted and was for seven days until the maternal grandmother asked my ex to go get our child for her to raise til either of us were prepared to do so. I was never ordered child support and was able to see her for the first two years and then I began to get shut out and only got to see her at my parents homes. After my stepfathers death last year, I tried making friends with my ex so we could make a civil agreement but as I mentioned earlier... one minute she's okay, the next she's blowing up at me. I guess I just need to get a lawyer and see what she can do for me.

  6. #6
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    Default Re: How Do I Gain Rights As Legal Father

    Quote Quoting twospudz
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    I figured that would be the case and have one on-call but have yet to sit down with her and work out the details. I thought I'd try this site first and see what I could come up with, I don't want to go in looking like a chicken with his head cut off.

    The mom was in and out for the first four years and then moved in with her mother and our child in 2010 and recently moved out to live with her fiance, she's pregnant with her second child. She won't speak to me and is angry with me and is very controlling. As far as I know, our daughter lives with her on weekends and plans to live with her after school ends this week but she has yet to gain her rights back. I don't know much because one minute she's okay with me and the next she's blowing up at me and cussing me out and telling me that my daughter doesn't need me and she's better off without me. I just don't know what to do but take legal action.

    I'm regretting not signing the birth certificate at the birth but she was being adopted and was for seven days until the maternal grandmother asked my ex to go get our child for her to raise til either of us were prepared to do so. I was never ordered child support and was able to see her for the first two years and then I began to get shut out and only got to see her at my parents homes. After my stepfathers death last year, I tried making friends with my ex so we could make a civil agreement but as I mentioned earlier... one minute she's okay, the next she's blowing up at me. I guess I just need to get a lawyer and see what she can do for me.
    Well, its time to stop asking for info on internet forums and to hire yourself the attorney. Your case is a complicated one and absolutely requires an attorney.

  7. #7
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    Default Re: How to Get Name on Bc and Gain Rights

    But if it's accepted then no DNA testing is required? I wish to get my rights and legal claim to my child so that I can terminate the guardianship and fight for sole custody. What is the chance of that happening?

    And thank you, I will definitely take your advice on speaking with a lawyer.

  8. #8
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    Default Re: How to Get Name on Bc and Gain Rights

    guardianship? what for?


    how old is the child and why did you not exercise your rights before now?

    is there anybody listed as father on the BC?

  9. #9
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    Default Re: How to Get Name on Bc and Gain Rights

    Quote Quoting jk
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    guardianship? what for?


    how old is the child and why did you not exercise your rights before now?

    is there anybody listed as father on the BC?

    I did not exercise my rights til now because I had no issue with seeing my child until recently. I have been married for almost six years and have two other children and we have been trying to get financially stable so that we can afford to take on a third child. I attempted to file legitimization papers last week so that I could gain my rights and visitation so that she would no longer be withheld from me then I was going to enforce child support on myself because neither the mother nor the maternal grandmother (the legal temp guardian) will accept any amount of money that I have offered up for my child. I want to do the right thing and know the courts will ask similar questions since it's been so long but we are financially and physically capable of caring for her and I would like to be able to gain sole custody of her and have her live with myself, my wife and our two children.

    The child is seven years old and no, there is no father listed on the birth certificate. I was there at the birth but felt uncomfortable around the maternal grandmother, the boyfriend of that time and the whole idea that my child was going to be adopted that I left before she was born and did not get my name on the birth certificate at that time. Seven days later the maternal grandmother asked my ex to go get our child and that she would care for her til either of us were financially and physically capable of caring for her and we signed over temp guardianship to her. I did not think it was necessary at that time to get my name on the birth certificate. I was young and ignorant and didn't know legal terms or obligations, so I just saw my child when they allowed me and enjoyed my time with her and did for her what I could, when I could-which was all that was asked of me at that time.

  10. #10
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    Default Re: How to Get Name on Bc and Gain Rights

    Quote Quoting jk
    View Post
    guardianship? what for?


    how old is the child and why did you not exercise your rights before now?

    is there anybody listed as father on the BC?
    The OP has two threads going.

    Dad on your other thread you stated that originally you and mom agreed for the child to be adopted and in fact the child was with an adoptive family for 7 days until grandma convinced the two of you that you should rescind the adoption nd allow her to have guardianship and to raise the child.

    You also made it clear that mom has been part of the child's life, has lived in the same home as the child for a couple of years and now has the child on weekends and after school lets out grandma and mom have planned to transition the child to mom. You also said that grandma has had guardianship for 7 years.

    You have indicated on your other thread that mom and grandma have blown hot and cold about your involvement with the child, but you are NOT going to get sole custody. Its simply not going to happen whether you hire an attorney or not. Your best case scenario would be joint legal custody (joint decision making) and a parenting schedule. Even primary custody would be a huge stretch for you at this point.

    You waited 7 years to do anything...and if you want anything to happen now you NEED an attorney.

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