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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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The father of my grand daughter has retained a lawyer and is

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The father of my grand daughter has retained a lawyer and is seeking to legitimize and seek joint custody of my daughter's child. She has entered a rehab center this past week. She signed a notarized the Georgia temporary guardianship papers to grant me temporary custody of my grand daughter while she seeks help. The court case is scheduled for April 23rd in Cobb County. I have not filed the papers for guardianship because I just received them. I am not a party in their case, I am willing to become one if need be. Can he get my grand daughter without being legitimized? Or am I considered her next of kin? What are the chances of the judge ordering an extension because my daughter will not be there? She does not have an attorney. She believed her daughter's father when he said she would not need one. She is in a fragile state of mind, seeking help for depression and addiction to prescription meds. I am unable to find a lawyer at this late date. Can I request a continuance?
Submitted: 1 year ago.
Category: Family Law
Expert:  Joseph replied 1 year ago.
Please tell me more about the history of these folks; how old is the child, how long will the mother be in rehab, does she have any other "issues", is the father a good parent, etc. Thank you.
Customer: replied 1 year ago.

My daughter is 22, her ex is 24. I am not sure about the rehab... it could be up to 6 weeks. She actually wants to leave but we are asking her to stay and get better. He has just emotionally wiped her out. She is no angel, in regards XXXXX XXXXX temper with him. She does have some emotional issues she is working on in rehab, which have added to her depression. They had an intense break up and she hasn't been able to yet get over him. He has not really had a stable job for a significant amount of time. He now lives with his mother and step father in a 2bdrm duplex. They are both convicted drug addicts who have spent time in jail. Supposedly clean now. My grand daughter was touched inappropriately by a family members boyfriend while there. Unfortunately, because of her age the police could not confirm something really happened. Although, the detective that handled the case believes something did. That person is no longer in the house.


He is a decent father, I know he loves her. I do not want to keep him from her. I just don't think she needs to live with him on a regular basis. I have paid for 90% my grand daughters daycare since she started. I have over the year they were together, paid for many bills he could not afford.


My daughter has a full time job, has her own place and manages to pay her bills with very little if any $$ from him. Right now she is on medical leave of absence. If she loses her daughter to him, it will throw her over the edge. He now wants full custody of her while my daughter is in rehab.

Expert:  Joseph replied 1 year ago.
How old is the child? Where has she resided during her lifetime? How much contact has the father had? Thank you.
Customer: replied 1 year ago.

my grand daughter is 2 1/2. She has resided with her mother and father for almost 9 months before they broke up. She resided with me for 6 months with her mother. She resided with his mom for 3 months, unbeknownst to me or I would have gone and gotten her. While staying with her other grand mother she was taken to a hotel where her grand mother proceeded to party and get high with my grand daughter in the room. My grand daughter was 9 months old at that time. The past year she has lived with her mom. However, the past several months she has spent more time with her dad, 2-3 days a week. she spends 2 nights a week with me. I take her to daycare and pick her up from daycare. The past several months my daughter has taken a downward spiral, I know it is her responsibility but his headgames with her have a huge impact on her mental state at the moment. Last week they had relations... leading my daughter to think there was a chance. Which he informed her that was not the case.... That sent her over the edge.

Expert:  Joseph replied 1 year ago.

Can he get my grand daughter without being legitimized? Or am I considered her next of kin? As you likely know, the rights of the parents are superior to the rights of the grandparents. Based on what you have stated thus far, the father clearly has some issues. However, it seems that the father does not have any issues that would cause him to lose custody to the mother. Also, as to paternity, that can easily be confirmed or refuted by a DNA test. Meaning, he will be "legitimized" soon enough.

.

What are the chances of the judge ordering an extension because my daughter will not be there? It would be helpful if she could attend court that day, perhaps the rehab center will transport her to the courthouse. If she can attend, she can explain her situation and request a continuance. Considering she is trying to improve herself, my guess is that the judge will grant her some additional time.

.

I am unable to find a lawyer at this late date. Can I request a continuance? If your daughter cannot attend, you might consider attending and requesting a continuance on her behalf. Again, considering the circumstances, it seems likely the judge would be agreeable.

.
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Customer: replied 1 year ago.

Does her signing temporary guardianship papers requesting me to care for my grand daughter mean anything? Does she have to give consent for him to have my grand daughter legitimized?


It is not possible for her to be there on April 23rd

Expert:  Joseph replied 1 year ago.

Unfortunately, as the father's rights are superior to yours, the guardianship papers are of little help. And no, your daughter does not need to consent to anything, either he is the father or he is not. If a DNA test confirms paternity, then that ends the issue.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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