If my father was given legal custody of my children but now wants toreturn custody to me, what do we have to do?

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If my father was given legal custody of my children but now wants toreturn custody to me, what do we have to do?

My parental rights were severed because I violated my probation and had no one to care for my children while I was in jail. The kids were placed in foster care in GA. My father who lives in AZ was given custody 2 years ago. My father is now in bad health and would like to return them to me. Do we need to go back to court? If so, in what state? Or can I just go get them?

Asked on July 18, 2011 under Family Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

To answer your question you must obtain a copy of the existing legal custody order in effect regarding your children and carefully read it. The order concerning child custody in effect will control the situation. Potentially the current order in effect allows you visitation where you can "temporarily" have custody ofyour children due to your father's poor health.

If the order places legal and physical custody of your children with your father, and he physically cannot take care of the children, you need to file a new petition with the court seeking legal and physical cistody of the children for you and the reasons why you desire the change.

You need to file the petition in the same court as the prior order for a new custody order for the children to you for your protection and your children's and also to avoid and future misunderstandings. If the father of your children is alive, he needs to be served with the petition as well as your father.


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