How can I legally gain custody of my child? 5 Answers as of August 22, 2011I have a 14 year old son that has been living with his grandmother since birth. It was supposed to be on a temporary basis until I finish school. Once I finished school and tried to get him, she refused. I never signed over my parental rights and there was no legal documents drawn to state I gave up custody. My concern is he is hanging out all times of the night with the wrong people, he has no discipline or rules. I have addressed my concerns with her and told her he needs to come with me, but she stated that will never happen. I am afraid for my son with the exposure he has in the area where he is. When he comes to visit with me, he is not around that negative environment. What is my standpoint in this dilemma?
Law Office Of Jody A. Miller | Jody A. Miller
If the grandmother does not have custody by court order, and you legally have custody, you are entitled to the child and would not have to return him; however, the grandmother can then file a custody case with the court and try to get a court order giving her custody. You also didn't mention the father - are you married to the father? Divorced? Never married? This can make a difference. You need to consult with a family law attorney concerning what your rights are after you discuss the detailed background of your situation.
Answer Applies to: Georgia