A few months ago, after living with my son for the last year, a the mother of his 18 month old decided to move back home to live with her family in Louisiana. My son recently filed in Cobb County for legitimation and name change of his son to establish joint custody. He didn't have the exact address for where she lived when he first filed, but was later able to obtain it from her. The Cobb County judge's secretary still has his petition, but now he needs to add her address to his petition. Does he have to file all of his paperwork over again or can he just write "Amended" at the top of the paperwork for each page his is amending? and how is she served out of state? thank you.
If your son actually wants to succeed he is VERY unlikely toi do so pro se. If he screwed up one of the simpler parts (how to serve someone), how does he expect to navigate through the complex laws of interestate custody, conduct a trial and call witnesses. He will do about as well without a lawyer as he will do without a dentist if he filled cavities himself. (And no, it would be really foolish to amend something the way you suggest). If he actually wants custody or visitation (and the court will also focus heavily on child support and medical expenses) he needs to know that the only way a case ends up on a judge's desk BEFORE service is if he royally screwed up. Have him get a lawyer - today - before the court possibly dismisses things. The lawyer will then help with service, and all the upcoming steps - temporary hearing, mediation, trial, and possibly settlement. He needs to get this right before the mother spends 6 months out of state, as Georgia many not have jurisdiction after that. In other words he has one chance to get the most important thing in his life right, and he's floundering. Help your son pay for counsel.
Take Mr. Ashman's advice, you son needs counsel yesterday. The clock is ticking. Once she has been in LA with the child for 6 months, GA will lose jurisdiction and he will have to go there to establish his parental rights.
Alake Oni ColwellDivorce / Separation LawyerLawrenceville, GA ·
He needs to hire an attorney as soon as possible who can sit down with him and make sure everything that should have been in his original complaint is there regarding legitimizing the child and his request for custody & visitation. Then the attorney can amend the petition with anything that needs to be added as it should only be done once. He should look for a child custody or family law attorney in Marietta or Cobb County to handle his case immediately.
