Father working to Get Shared Custody in Georgia

[sekouh]

Hello All,

My situation is that I have a 12 year old son. His mother and I never married and have been going by a Parenting Plan that we formulated. I never Legitimized him or did anything with the Courts. Now she will not let me see him and I am forced to get the courts involved now. I want to file for Shared Physical and Legal Custody but cannot afford a lawyer. Any advice on how to go about this? I have the paperwork from the courthouse already.

Thanks

[Remi2]

I also live in GA.  You can do this pro se.  First step, is you need to legitamize your son.  Once you do that then you and the other parent will get a court date to establish a parenting plan/custody and child support.  This should be a fairly easy provided that there are no under lying issues or several skeletons in either person's closet and you can work out an agreement.  I would say also find a free consultation or pay a nominal consultation fee and speak with an attorney.

I am not a lawyer and I don't play one on the internet.   This not legal advice.

[ocean]

Yes, if you never signed the birth certificate then file both paternity and custody paperwork at family court near mother. They will court order a paternity test first and then sort out a parenting plan. Ask for JOINT legal and if you are close enough JOINT physical custody. Look at this web site for good parenting plans that cover everything so you are not back in court soon. (summer? holidays? father day? child birthday? times/dates when you can).

Start gathering proof of when you have had child, put it on a nice ONE page calendar for the last year or two. Highlight in one color the days you have had child. Easy for everyone to see

[sekouh]

Thanks for the responses.

I did sign the birth certificate, so paternity is confirmed.

I live 5 minutes away from mom, closer to his school then she is.

Filling out the paperwork it only has if you want Sole Custody or Joint Legal only. It doesn't give the option for Joint Legal and Physical. In you all's opinion, what are my chances of getting Sole custody and her getting visitation?

She keeps me from seeing the child when she gets mad, thus his relatives on my side of the family can't see him either. I read somewhere that judges look at which parent will ensure the child maintains a good relationship with both parents and relatives.

She also doesn't provide the academic support he needs. She does not help with his homework like she should. I would pick him up in the mornings for school and his homework would be wrong. He almost failed this past year. I had to sneak to his bus stop to see him and help him with his homework because she wouldn't let me see him. I would be up at the school talking to his teachers to keep up with with his grades, etc., to make sure he fulfilling all requirements.

I would be happy with Shared legal and physical but, like I said, it doesn't give that option.

[ocean]

Ok, just check Joint legal and then when you ask for a parenting plan (visitation plan) ask for 50/50. Since you live that close you can do that very easily. You can do one week -you, one week -her. You can switch from school so there are no exchanges. He goes to your house on Friday after school and stays the week, then next Friday goes home to mom's. You would still need a summer-vacation schedule (in case you want to take a longer vacation then a week) and holiday schedule.

You only have to file the custody papers then. You are established as the father if you are on the birth certificate just need custody orders. You start with the 50/50 as the request and negotiate from there. You getting sole now...not going to happen unless child is VERY adamant about coming to live with you and wont change his mind. At his age, you can ask at the same time that a law guardian be assigned to the case and they will interview him and see what he really wants. I would go for the joint custody. Sole is when you can prove the other parent is not there, or unfit, or parents can not get along and one parent will have to make decisions. Starting to become rare for judges to give that easily.

[sekouh]

Ok I see. So how does the process work once I submit the papers? I think it said like 46 days before anything,  hearings, etc.

[ocean]

46 days?? LOL Who told you that?

You file in family court intake office. They will have you come back or send you a packet in a few weeks with the court date and you will have to have her served the papers. In NY, there are server companies, pay them $50-$75 to have ex served. Some states use the sheriff office to do this. You both show up at the court date (bring paper that server signed saying she got papers). Here, it takes about 3 weeks to get a HEARING date (summer a little longer).

At the first hearing, not much happens but your main focus is to say "I know this is going to a few months so can we get temporary visitation papers so my son and I can continue our relationship while we await the next hearing:. At least you will get some time on paper right away.

You will go back to court a few times (usually almost monthly here) to see if you can hash things out. Some states may ask you to do a mediation date to see if you can come to an agreement. The things you can not agree to, you will ask a judge to decide. Ex may agree to summer visits but not holiday. So whatever you can not agree, will go to trial. Honestly, this can take a year or more BUT you should be getting visits during that time IF you ask for it. (Can you add a sentence in your papers asking for temporary parenting plan so son and father can continue relationship?)

[Remi2]

In Georgia, even if you signed that birth certificate you will still have to go through the legitimization process.  After you file the legitimazation paper work in the court county clerk's office you can have the other parent served by the county sheriff or you can hire a process server.   Yes, you can request Joint Legal and Joint Physical Custody eventhough you don't see it an an option; you can request the Joint Physical custody when you work out the parenting plan in court or mediation.  If you expect the other parent to put up a fight gather all of your evidence about everything you have done with and for your child and be ready to present it if you need to. 

http://www.paternitynet.com/faq20.html (http://www.paternitynet.com/faq20.html)

http://www.merchantcircle.com/blogs/Kitchens.And.New.LLC.Family.Law.678-262-2275/2009/6/Legitimation-in-Georgia/259133 (http://www.merchantcircle.com/blogs/Kitchens.And.New.LLC.Family.Law.678-262-2275/2009/6/Legitimation-in-Georgia/259133)

Also familiarize yourself with the GA statutes.

Best of luck to you.

[sekouh]

Thanks for the replies. I will be submitting the paperwork this week.

I spoke with a lady who works in the office and she said I will not be notified via mail about the hearing dates, etc. That they are posted on a website and I will have to keep up with it. Anyone heard of that?

[Remi2]

She might be referring to your county court online justice system website.  They [the county clerk's office] posts anything that has been filed in the clerk's office related to your case: filings, hearing dates, or any other information related to your case under the party names on the website.  The website will also show if the other party had filed something as well.