My son currently has joint custody of his daughter. The baby's mom is living with a man that has charges and convictions from 3 counties to include Statutory rape, interference with custody, contempt of court, drug paraphernalia, violation of probation, controlled substance abuse, possession of methamphetamine, narcotics equipment, possession of marijuana, reckless driving, unregistered vehicle. He had the baby tested (hair sample) last July and came up positive of marijuana exposure with a count of 810 when 10 is positive. He just had the baby tested again, 1 year later, and she is still positive. The mothers boyfriend is now interfering with custody by making my son go through him for contact and pickup arrangements and refuses contact on several occasions. What can my son do? He has contacted DFACS twice and has not gotten any response. Last year, DFACS did not do anything nor ask for test results. Stated that Marijuana exposure was not as big as a deal as Meth (even though its illegal in Georgia) so no immediate removal is necessary. He spent $3000 just to get joint custody and the lawyer wants another $3000 to attain him again to go to court. Any advice to handle on his on
There is nothing for your son to do but to go file a petition for modification and ask for an emergency hearing. He does not want his daughter to remain in this current danger. He would be foolish to attempt this without a lawyer. Custody battles can be complicated, presenting information to the requires special knowledge that most pro se (unrepresented parties) don't have, and there is a whole lot at stake. If your son was not happy with his last attorney, he can hire another one, and he may be able to find someone with a lower rate. However, there is a built in value in using an attorney who is already "up to speed" on the situation. Kudos to your son for fighting for the safety and welfare of his daughter. Best of luck to him.
Michael David BirchmoreDUI / DWI AttorneyBlue Ridge, GA ·
Unfortunately, unless your son was married to the mother when the child was born; or if not, unless your son has filed a Petition to Legitimate Child in the Superior Court and had it granted by court order --- your son has absolutely NO rights to this child at all. He is NOT the legal father. He is only the biological father. The bio-dad has no say so about the child. He cannot even see the child except with the mother's permission. Your son needs to move quickly and meet with an attorney who can help him become the legal father. Only then will your son have any say so about the welfare of the child.
Here is the speech: you have children involved. They are important, or should be. Get an attorney. If you cannot afford one try legal aid, the local law school, local organizations that assist with children's issues, or the bar association.
I agree with my colleagues that your son needs an attorney to go forward, however I don't agree that there is an advantage to using someone already familiar with the matter. He may be able to find someone else who can work within his budget. Someone with a flat fee may work better than an hourly rate. That way s/he can get caught up without your son worried about dollars to time. Best of luck!
