Help, don't know what to do....they took my grandson adn won't bring him back

[dcoleman]

What is the name of your state? Georgia

My daughter allowed her son, my grandson to visit his father for the week. He is 3. Yesterday we were told by the fathers sister, they do not intended to bring him back. We call the police, but the detective today tells use that since the fathers name is on the birth certificate and there is no formal custody agreement, (they were never married) he can do what he wants and they can't help us. He told us to find out where he is and go take him back? They have allready taken him to Alabama somewhere and we have no idea where he is... I can't get in tocu with an attorney because they are gone for the day...

just don't know what to do now...please help us...

 

[Whyte Noise]

Well, the detective was right about one thing, at least.... she can go and get her son back.

In Georgia an unmarried mother automatically has full rights of custody to her child unless and until the father files for legitimation or visitation/custody. Until he does that, he has no rights at all. His name being on the birth certficate does not, in any way, shape or form in the State of Georgia establish paternity nor rights to the child:

O.C.G.A. 19-7-25.
Only the mother of a child born out of wedlock is entitled to his custody, unless the father legitimates him as provided in Code Section 19-7-22. Otherwise, the mother may exercise all parental power over the child.

O.C.G.A. 19-7-22.
(a) A father of a child born out of wedlock may render his relationship with the child legitimate by petitioning the superior court of the county of the residence of the child́s mother or other party having legal custody or guardianship of the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside the state or cannot, after due diligence, be found within the state, the petition may be filed in the county of the fatheŕs residence or the county of the child́s residence. If a petition for the adoption of the child is pending, the father shall file the petition for legitimation in the county in which the adoption petition is filed.

Visitation and custody can also be addressed at the same time as a legitimation petition, however, if there is no current court oder granting the father any custody or visitation rights, then the mother is the only one with those rights.

 

[Litigation!]

Well, the detective was right about one thing, at least.... she can go and get her son back.

In Georgia an unmarried mother automatically has full rights of custody to her child unless and until the father files for legitimation or visitation/custody. Until he does that, he has no rights at all. His name being on the birth certficate does not, in any way, shape or form in the State of Georgia establish paternity nor rights to the child:

O.C.G.A. 19-7-25.
Only the mother of a child born out of wedlock is entitled to his custody, unless the father legitimates him as provided in Code Section 19-7-22. Otherwise, the mother may exercise all parental power over the child.

O.C.G.A. 19-7-22.
(a) A father of a child born out of wedlock may render his relationship with the child legitimate by petitioning the superior court of the county of the residence of the child́s mother or other party having legal custody or guardianship of the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside the state or cannot, after due diligence, be found within the state, the petition may be filed in the county of the fatheŕs residence or the county of the child́s residence. If a petition for the adoption of the child is pending, the father shall file the petition for legitimation in the county in which the adoption petition is filed.

Visitation and custody can also be addressed at the same time as a legitimation petition, however, if there is no current court oder granting the father any custody or visitation rights, then the mother is the only one with those rights.

My response:

That law goes against nature . . . just like Georgia is in general.

IAAL

 

[Whyte Noise]

I don't make the rules darlin', I just posts 'em.

 

[Litigation!]

I don't make the rules darlin', I just posts 'em.

My response:

That wasn't my point or argument. I know you don't make the "rules" - - idiot Georgia Legislators do that.

IAAL

 

[Whyte Noise]

Georgia still used the "B" word in it's statutes up until recently, so....

19-7-25 is pretty much standard in any state as far as I know. However, a father signing a birth certificate in GA doesn't establish paternity (just like it is in almost every state AFAIK), but signing the AOP at the hospital does. THEN, a father has another step to do to "legitimize" the child. The AOP in GA doesn't do that. I don't know of any other state that has this little "step" after the AOP. But, if the father and mother marry within 300 days of the birth of the child, that automatically legitimates the child. Then again, GA is the only state that allows a child to choose which parent to live with once they reach age 14 too...

I was born and raised there and even though I didn't see "Deliverance" until 2003, I can understand why the rest of the country thinks we're all just hankerin' to have people squeal like a pig.

 

[dcoleman]

Thanks to everyone! We have him back!!!!

Well, all I can say is God has all power....my grandson had a seizure today, unknown reasons, seems not to be severe, but the father had at least the common sense and decency to take him to the hospital... we receive a call from a hospital in Birmingham and rushed there....He is fine, as far as we can tell at this point...don't know what caused it or if it will every happen again, but when they released him we picked up our baby and walked out!!!

So now it's in his court to get visitation rights....but we have already retained a lawyer to have a formal custody agreement. My daughter is a resident of Georgia now, but the baby was born in Alabama and apparently there is some form you can sign at birth to legitmize the baby....

This will never happen again, thanks for your advice, it was greatly appreciated!!!!

 

[californiakid]

let daughter work things out with child's father

im glad he was ok! however, i must caution you about something, this is not "our" baby, this is your daughter and her ex's baby. she is the only one who can do anything legally where this child is concerned. a judge will take a dim view of a grandparent getting too involved, and it could backfire on your daughter.its best to step back, and let your daughter work things out with her ex.