Cause to take custody of my child

[ldm1972]

undefinedWhat is the name of your state? Georgia


I will say this before I begin my question, this is real life -not a Jerry Springer Show..I just found out that my sister is dating my ex-boyfriend (the father of my oldest child) and that they are going to have a baby together. Do I have the right to take my child out of this situation or what are my options. Any advice with be greatly appreciated.

thanks

 

[LdiJ]

undefinedWhat is the name of your state? Georgia


I will say this before I begin my question, this is real life -not a Jerry Springer Show..I just found out that my sister is dating my ex-boyfriend (the father of my oldest child) and that they are going to have a baby together. Do I have the right to take my child out of this situation or what are my options. Any advice with be greatly appreciated.

thanks

No, you do not have the right to take your child "out" of the situation. No matter how messy it gets in terms of family relationships, dad is still dad and has his parental rights.

 

[ldm1972]

Custody Of My Child

Okay I understand that part about him being the father and having the rights. For the past 14 yrs, him and I have had NO problems concerning our daughter. Since he has been with my sister, him and I have had TONS of communication problems. And for everyones information. My sister just turned 18 and he is 31, not sure if that matters. And since my daughter is of the age of 13, does she have the right to decided who she wants to stay with?

 

[SMURFEELAW]

Okay I understand that part about him being the father and having the rights. For the past 14 yrs, him and I have had NO problems concerning our daughter. Since he has been with my sister, him and I have had TONS of communication problems. And for everyones information. My sister just turned 18 and he is 31, not sure if that matters. And since my daughter is of the age of 13, does she have the right to decided who she wants to stay with?

Well the problems w/ communication won't change anything in regards to custody. Consider yourself lucky that you didn't have the problems for so long. As for the age gap she's 18 and her life is hers to make mistakes with.

On a good point I once heard on here that GA was the only state that allowed children to make the decision fully of who they want to live with at 12 years old. If I am wrong someone on here will correct me.

 

[Whyte Noise]

The age is 14.

From 11 to 13 a judge "may" listen to the wishes of the child and take them into consideration. However, it's the judges decision and they do NOT have to abide by the child's wishes.

At the age of 14, the child's wishes are the controlling factor in who gets custody and the judge DOES have to abide by those wishes unless the parent the child has chosen is proven unfit.

However, if there is a current visitation order in effect it has to be followed no matter that the father is now dating your sister and they're having a baby.

But... now your child's half-brother/sister will also be her cousin.... and her dad will also technically be her uncle...

I swear, I'm glad I was lucky enough to have forks in my family tree even though I was born and raised in Georgia!

 

[LdiJ]

Okay I understand that part about him being the father and having the rights. For the past 14 yrs, him and I have had NO problems concerning our daughter. Since he has been with my sister, him and I have had TONS of communication problems. And for everyones information. My sister just turned 18 and he is 31, not sure if that matters. And since my daughter is of the age of 13, does she have the right to decided who she wants to stay with?

EEEEEWWW...Well...your ex is obviously a slimeball for getting involved with a child...(His own child's aunt no less...and where were your parents when this started???) Unfortunately, the fact that he is a slimeball doesn't take away his parental rights.

You could try to take it to court to get his visitation modified so that the situation would be easier on your child...but its very unlikely that a judge would take visitation away completely....and no guarantee that a judge would modify it at all......but the circumstances would justify you making an attempt.

Your child probably needs to be seeing a counselor...what a mess to put a 13 year old in....sigh....