Need to appeal - court held on a case not even filed yet; no due process

[cassiesue]

What is the name of your state? Georgia

I have sole temporary physical and legal custody of my grandchild as of Jan 2019. The case I wish to appeal is a legitimation case. I was not served. I would have argued that a) opportune interest was lost & b) not in child's best interest

These are the dates of said case. As they are so screwy, I am willing to upload copy as frankly the dates etc. seem unbelievable.

Legitimation petition signed by dad & filed May 29, 2019.

Summons issued by clerk on legitimation petition May 23, 2019.

The hearing was May 16, 2019 (before the case was even filed or signed?!?).

Judge signs order for legitimation June 3, 2019.

I'm served the legitimation petition June 8, 2019.

I filed a Motion to Reconsider, but judge refuses to do so, even with those above dates.

What can I do?

 

[Just Blue]

What is the name of your state? Georgia

I have sole temporary physical and legal custody of my grandchild as of Jan 2019. The case I wish to appeal is a legitimation case. I was not served. I would have argued that a) opportune interest was lost & b) not in child's best interest

These are the dates of said case. As they are so screwy, I am willing to upload copy as frankly the dates etc. seem unbelievable.

Legitimation petition signed by dad & filed May 29, 2019.

Summons issued by clerk on legitimation petition May 23, 2019.

The hearing was May 16, 2019 (before the case was even filed or signed?!?).

Judge signs order for legitimation June 3, 2019.

I'm served the legitimation petition June 8, 2019.

I filed a Motion to Reconsider, but judge refuses to do so, even with those above dates.

What can I do?

How old is the child? Why do you have custody? for how long? As a result of the ^ ruling did you lose custody?

 

[cassiesue]

The child is 8-years-old. I have him because neither of hius parents chose to be involved. Mother moved back to her home state when he was under 1-years-old. I filed for custody in Jan 2019 and was granted sole temp custody of child. No, I did not lose custody. However, with the legitimation being granted, I would now also have to fight the father for custody as well as mom. I filed for child support in October of last year and that is the only reason my son even pursued the legitimation as he claims to now want child. He never even bothered to establish paternity until after I filed for child support.

 

[cassiesue]

I was the respondent listed in legitimation case.

 

[quincy]

You will want to have an attorney in your area help you.

Good luck.

 

[cassiesue]

I don't have the money for an attorney.

 

[quincy]

I don't have the money for an attorney.

Okay.

Well, despite the dates given on the case, you want the legitimation of the father if you want to collect child support. Without legitimation, the father does not have to pay.

For that reason, I am not sure why you would appeal.

You could continue to have sole custody. The father could seek visitation, and custody, but you seem to indicate that he has had no interest in the past in doing so.

 

[Just Blue]

The child is 8-years-old. I have him because neither of hius parents chose to be involved. Mother moved back to her home state when he was under 1-years-old. I filed for custody in Jan 2019 and was granted sole temp custody of child. No, I did not lose custody. However, with the legitimation being granted, I would now also have to fight the father for custody as well as mom. I filed for child support in October of last year and that is the only reason my son even pursued the legitimation as he claims to now want child. He never even bothered to establish paternity until after I filed for child support.

You filed for CS...Paternity/Legitimation MUST be established in order for an order for support can made. AS of now...You are not LEGALLY the grandmother of this child.

 

[quincy]

Here is a link to Georgia Legal Aid with information on Georgia legimation, and it includes a link where you can find local legal assistance:
https://www.georgialegalaid.org/resource/legitimation-1

 

[cassiesue]

Paternity was established in court November last year. I filed for CS in a Florida court because it has the retro aspect whereas Georgia does not.

Maybe I am not understanding something (as I am new to this) but from my research: Reeves v. Hayes, 266 Ga. App. 297 (Ga. Ct. App. 2004) states:

"The Reeveses' right as paternal grandparents to bring an action for custody is controlled by a showing that their son was a parent of the child, not by their son legitimating the child. Therefore, we hold that the court erred in finding that the Reeveses lacked standing, reverse the judgment, and remand the case for proceedings consistent with this opinion."

"father was a parent of the minor child as his paternity had been established. It follows then that the father's parents are grandparents, regardless of whether the father had legitimated the child. See Nelson v. Taylor, 244 Ga. 657, 658 (1) ( 261 SE2d 579) (1979) (father of illegitimate child is a parent, even without legitimation; therefore, father's parents are relatives for purposes of adoption). Indeed, a grandparent has certain rights independent of those of the parents of the child (see OCGA § 19-7-3), and even where the father has not legitimated the child, he maintains some parental rights and duties. See Nelson, supra, 244 Ga. at 658 (1). We cannot say that the rights of a grandparent are affected by the father's failure to legitimate the child, as the Supreme Court of Georgia has held that once paternity has been established, the only rights affected by legitimation are the rights of the father. See Pruitt, supra, 261 Ga. at 542 (2). "

I was the respondent in the legitimation case. I did not receive due process. According to the papers, they had the court hearing prior to the case even being signed or filed. How is that possible or even remotely correct?

The legitimation does not help my custody case, nor does it advance the child's interest.

Quincy, legal aid does not work in my area, but there is something called Georgia Legal Services. They will not help unless domestic violence is involved. I applied already and was rejected via the Brunswick office.

 

[Zigner]

I don't understand your objection to the father of the child legitimizing his child.

 

[not2cleverRed]

Paternity was established in court November last year. I filed for CS in a Florida court because it has the retro aspect whereas Georgia does not.

Maybe I am not understanding something (as I am new to this) but from my research: Reeves v. Hayes, 266 Ga. App. 297 (Ga. Ct. App. 2004) states:

"The Reeveses' right as paternal grandparents to bring an action for custody is controlled by a showing that their son was a parent of the child, not by their son legitimating the child. Therefore, we hold that the court erred in finding that the Reeveses lacked standing, reverse the judgment, and remand the case for proceedings consistent with this opinion."

"father was a parent of the minor child as his paternity had been established. It follows then that the father's parents are grandparents, regardless of whether the father had legitimated the child. See Nelson v. Taylor, 244 Ga. 657, 658 (1) ( 261 SE2d 579) (1979) (father of illegitimate child is a parent, even without legitimation; therefore, father's parents are relatives for purposes of adoption). Indeed, a grandparent has certain rights independent of those of the parents of the child (see OCGA § 19-7-3), and even where the father has not legitimated the child, he maintains some parental rights and duties. See Nelson, supra, 244 Ga. at 658 (1). We cannot say that the rights of a grandparent are affected by the father's failure to legitimate the child, as the Supreme Court of Georgia has held that once paternity has been established, the only rights affected by legitimation are the rights of the father. See Pruitt, supra, 261 Ga. at 542 (2). "

I was the respondent in the legitimation case. I did not receive due process. According to the papers, they had the court hearing prior to the case even being signed or filed. How is that possible or even remotely correct?

The legitimation does not help my custody case, nor does it advance the child's interest.

Quincy, legal aid does not work in my area, but there is something called Georgia Legal Services. They will not help unless domestic violence is involved. I applied already and was rejected via the Brunswick office.

Look, the only reasonable basis for you to oppose legitimation would be if, in fact, your son is not the father of your grandchild.

Because of the child's age, and Dad's historic lack of involvement, even if he pursued visitation or custody, there would be an introductory period. No judge is going to be impressed with a father that knowingly stays out of his kid's life for 8 years, and now shows a sudden interest because he's being hit up for child support - by his own parent(s), no less!

 

[Zigner]

I'm honestly surprised the case for custody was allowed to proceed without involving the purported father.

 

[not2cleverRed]

Paternity was established in court November last year. I filed for CS in a Florida court because it has the retro aspect whereas Georgia does not.

Maybe I am not understanding something (as I am new to this) but from my research: Reeves v. Hayes, 266 Ga. App. 297 (Ga. Ct. App. 2004) states:

"The Reeveses' right as paternal grandparents to bring an action for custody is controlled by a showing that their son was a parent of the child, not by their son legitimating the child. Therefore, we hold that the court erred in finding that the Reeveses lacked standing, reverse the judgment, and remand the case for proceedings consistent with this opinion."

"father was a parent of the minor child as his paternity had been established. It follows then that the father's parents are grandparents, regardless of whether the father had legitimated the child. See Nelson v. Taylor, 244 Ga. 657, 658 (1) ( 261 SE2d 579) (1979) (father of illegitimate child is a parent, even without legitimation; therefore, father's parents are relatives for purposes of adoption). Indeed, a grandparent has certain rights independent of those of the parents of the child (see OCGA § 19-7-3), and even where the father has not legitimated the child, he maintains some parental rights and duties. See Nelson, supra, 244 Ga. at 658 (1). We cannot say that the rights of a grandparent are affected by the father's failure to legitimate the child, as the Supreme Court of Georgia has held that once paternity has been established, the only rights affected by legitimation are the rights of the father. See Pruitt, supra, 261 Ga. at 542 (2). "

I was the respondent in the legitimation case. I did not receive due process. According to the papers, they had the court hearing prior to the case even being signed or filed. How is that possible or even remotely correct?

The legitimation does not help my custody case, nor does it advance the child's interest.

Quincy, legal aid does not work in my area, but there is something called Georgia Legal Services. They will not help unless domestic violence is involved. I applied already and was rejected via the Brunswick office.

Wait. Where are you, where is Dad, and where has the child been living for the past year?

 

[Zigner]

Wait. Where are you, where is Dad, and where has the child been living for the past year?

Good point - if the child lives in GA, then Florida is not the proper place to file for CS. GM was forum shopping.