Registering a foreign *administrative* judgment

[annemichellesdad]

My child was born out of wedlock in Virginia. Her mother and I resided together and filed papers at birth establishing me as her fully legal father. Virginia law says that, under such circumstances, we, as parents, would each enjoy "equal legal powers and equal legal rights in regards to guardianship of the child", and that our sworn acknowledgment of paternity, filed with the Va Dept of Human Resources - Vital Records, enjoys the "effect of a judgment".

We now live in Ga, where I need to be able to ask the state to enforce my parental rights. Ga domestic law varies GREATLY from Va law; had my child been born here, the sworn acknowledgment would not be filed with the vital records dept. and I would enjoy no rights to my child until I petition the state for a CHANGE of custody (which would, of course, require I prove a substantial change in circumstances). Thankfully, federal law (1993 Federal Omnibus Budget Reconcilation Act) is very specific in requiring all states to "recognize with full faith and credit judgments of paternity from all other states, whether administrative or judicial, with the full legal weight and effect as given in their original state, as if it were entered in that state". (Obviously, the intent and spirit of the law is to be consistent with the full faith and credit afforded to custody judgments via the Uniforum Child Custody Jurisidiction Act.)

1 - How can I have GA recognize and enforce my parental rights as established through administrative judgment in the state of VA?

2 - It would seem that even an administrative judgment could be registered, but GA has no administrative procedure for this. If the matter goes before a judge, what type of judge? Magistrate? Superior Court? Superior Courts handle domestic disputes, but this is not a dispute over the custody, but rather simply a matter of registration.

3 - If the matter must go before a judge, what can I do to help insure that the judge provides my administrative judgment with the full faith and credit it is due?

4 - If a judge fails to recognize the full legal weight and effect of my adminstrative judgment, would he not be acting OUTSIDE of his jurisdiction? In a domestic dispute, he might choose to change custody, for example. But in the matter of simply registering the document, would not any change in the original legal weight and effect of the document constitute acting outside his juridiction, as the legal weight and effect was determined by another jurisdiction altogether?

5 - Provided the above questions represent a valid course of thought in this matter, which county would have jurisdiction over the registration of this administrative judgment, and how would such a request be worded? Again, since it the specific issue is NOT a domestic dispute, it makes no sense to petition the court and list any other private party (such as the mother) as a "defendant". In fact, it seems that NOTHING is being argued. Again, it is simply a matter of requesting that the state recognize the status already previously given to me. If a dispute DOES arise, then the appropriate parties can certainly request a CHANGE.

6 - Finally, I know that this MIGHT be solved by obtaining a DECLARATORY JUDGMENT from the original state, VA. Frankly, I have consulted a couple of attorneys in VA about this possibility, but they seem a bit clueless (and demeaning) about this since it is difficult to determine WHO exactly the defendant might be... the state (what are they defending and where is the conflict?) or the mother (she does NOT dispute the document). Any thoughts here?

Much thanks on this unusual set of circumstances!!

[socrateaser]

You need a declaratory judgment from a GA court confirming the VA acknowledgement of paternity, or a similar declaratory judgment from a VA court.

>
>6 - Finally, I know that this MIGHT be solved by obtaining a
>DECLARATORY JUDGMENT from the original state, VA. Frankly, I
>have consulted a couple of attorneys in VA about this
>possibility, but they seem a bit clueless (and demeaning)
>about this since it is difficult to determine WHO exactly the
>defendant might be... the state (what are they defending and
>where is the conflict?) or the mother (she does NOT dispute
>the document). Any thoughts here?

Yes, see above. The attorneys are not thinking straight. An equitable petition for declaratory relief doesn't require a defendant.

In re: the matter of FATHERSNAME, Petitioner, and MOTHERSNAME, Respondent.

Petitioner, in propria persona, hereby alleges:

1. On ??/??/????, Petitioner entered into a voluntary acknowledgement of paternity in the State of Virginia, that under Virginia law, "enjoys the effect of a judgment." See Exhibit #1, Acknowledgment of Paternity, attached and hereby incorporated herein.

2. Georgia law appears to make no provision for recognition of such a voluntary acknowledgement of paternity, and as such, Petitioner has no present ability to enforce his custodial rights concerning his minor child, within the State.

WHEREFORE,

Petitioner prays that this court declare the Petitioner's voluntary acknowledgement of paternity to have the same effect of a judgment of paternity under Georgia law, and further declare that Petitioner has the same rights in his minor child within the State of Georgia, as would be accorded to the voluntary acknowledgement of paternity, were Petitioner and his minor child still domiciled in the State of Virginia.

Dated this ____ day of _____,

By: ___________
YOURNAME
Petitioner, Pro Se
STREET
CITY STATE, ZIP
CONTACT FONE

-----------------------------

Now, if the mother agrees to all of the above, then you can simultaneously move for judgment on the pleadings, and attach a declaration from the mother stating that she does not oppose your motion, and the court should immediately enter the declaratory judgment.

I haven't written the motion, nor a proposed judgment, but you seem to be fairly knowledgeable about legal issues, so you can probably do it yourself, or hire an attorney.

[annemichellesdad]

MUCH thanks, Socrateaser. Yes, that seems to make sense, especially since this would be an "equitable petition". That just leaves me with this:

1 - Here in GA, Superior Courts handle declatory judgments. Since this is an "equitable petition", which county has jurisdiction if the petitioner and respondant are in different counties? Can it not be my own?

Strangely, the mother will probably NOT agree to anything due to some rather severe narcisitic personality disorder characteristics. (This was one reason I was hoping to "register" the judgment rather than create an "adversarial" situation.)  Given courts' frequent bias against fathers, I am concerned that any oposition to my petition from the mother will simply render my request futile.

2 - What recourse might I have if the judge fails to recognzie the FULL legal weight and effect of my foriegn administrative judgment? Again, I realize that a judge may validly issue different orders in a separate petition involving matters contained within the judgment; ie, a change of custody request by either party. But here, as I am ONLY requesting a declatory judgment, would not any order that amends or changes the effect of the original order be OUTSIDE THE COURT'S JURISDICTION?  

Thank you again!

[socrateaser]

>1 - Here in GA, Superior Courts handle declatory judgments.
>Since this is an "equitable petition", which county has
>jurisdiction if the petitioner and respondant are in different
>counties? Can it not be my own?

Since GA doesn't recognize your custodial rights, I'd say that if you file for a declaratory judgment in your county, and the child is living in a different county, that the court will probably refuse the venue. So, you will probably need to file in the other parent's county, and save yourself the hassel.

>2 - What recourse might I have if the judge fails to recognzie
>the FULL legal weight and effect of my foriegn administrative
>judgment? Again, I realize that a judge may validly issue
>different orders in a separate petition involving matters
>contained within the judgment; ie, a change of custody request
>by either party. But here, as I am ONLY requesting a declatory
>judgment, would not any order that amends or changes the
>effect of the original order be OUTSIDE THE COURT'S
>JURISDICTION?  

You're missing an important point. If the mother was cooperative, this would be a slam dunk, but if she will fight you, then, because none of you live in VA any longer, the GA court has authority to modify custody, and that is almost certainly what it will do. So, you can start by asking for declaratory relief, but if the mother demands a custody mod, I can practically guarantee that she will get a hearing and you will be starting on the presumption that the court will maintain the status quo and act in the child's best interests. In short, your VA acknowledgement of paternity will only be useful to place you in the position of perhaps not needing to demonstrate a substantial change in circumstances in order to obtain a new custody hearing. But, other than that, you will be at ground zero.

Sorry to disappoint.

PS. You comment that courts are biased against fathers. I disagree. Courts are forced to act in the child's best interests, and to ignore parents' equal rights, because they cancel each other out. So, what's left is simply, whoever has the kids, usually gets to keep the kids, because that's what's usually best for the kids, unless the noncustodial parent proves that the custodial parent is affirmatively harming the children.

So, while it may appear that the bias favors the mother, what's really up is that the mother usually has the kids. Way of the world most of the time.

[annemichellesdad]

Thanks for the help.

If the courts act in the best interest of the children, then why are so many children suffering at the hands of the courts? I predomiinantly see courts carrying out the wishes of the mothers and calling that "the best interests of the children". And even if the court claims to act in the best interest of the children, the seldom ever actually meet the children in question about whose lives thay are forever altering, and I have YET to meet a "family court" judge who has training, education, experience, licensing, or certification in family or child psychology.

Not a question here, just a rant. Because I can virtually guarantee you that, no matter what the law says, if the mother opposes an action which will at least let me begin on equal footing by recognzing my parental rights, the court will do as she asks and I'll actually be starting at LESS than zero, for in GA, unwed fathers have no rights whatsoever, even after the establishment of paternity. They must ASK the courts for their rights, and then, if they wish to have custody of any kind of their children, they must prove a substantial change in circumstances; ie, prove the mother grossly unfit. In other words, I have to totally trash my child's mother just to see my child on weekends. GA is a lost cause.

Thanks again!

[socrateaser]

>Thanks for the help.
>
>If the courts act in the best interest of the children, then
>why are so many children suffering at the hands of the courts?
>I predomiinantly see courts carrying out the wishes of the
>mothers and calling that "the best interests of the children".
>And even if the court claims to act in the best interest of
>the children, the seldom ever actually meet the children in
>question about whose lives thay are forever altering, and I
>have YET to meet a "family court" judge who has training,
>education, experience, licensing, or certification in family
>or child psychology.
>
>Not a question here, just a rant. Because I can virtually
>guarantee you that, no matter what the law says, if the mother
>opposes an action which will at least let me begin on equal
>footing by recognzing my parental rights, the court will do as
>she asks and I'll actually be starting at LESS than zero, for
>in GA, unwed fathers have no rights whatsoever, even after the
>establishment of paternity. They must ASK the courts for their
>rights, and then, if they wish to have custody of any kind of
>their children, they must prove a substantial change in
>circumstances; ie, prove the mother grossly unfit. In other
>words, I have to totally trash my child's mother just to see
>my child on weekends. GA is a lost cause.
>
>Thanks again!

Venting is for radio talk show callers. It makes money for the host and the station but does nothing for the caller, except to give the caller a place to whine and thereby reduce the likelihood that the caller will ever actually do anything to solve their problem. Don't fall into that trap -- it's for losers.

My board is for people who want to win, and the people who listen to me, do win -- just read through the past posts.

You seem to be certain that you know everything already. Your statements of strong conclusory opinion based upon zero supporting evidence do not serve to advance your cause or your understanding of your circumstances.

I suggest that you forget about what you think you "know," and instead concentrate on trying to obtain what you want by presenting evidence that satisfies your burden of proof and which supports the relief that you wish to obtain. If you don't, you will lose and you will never understand why.

And, if your certain you will lose, then you may as well go to the beach, because life's too short to beat your head against the wall.