let paternal g-ma get custody while i had some issues now she MIA

Theresa - posted on 11/18/2015 ( 6 moms have responded )

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G-ma had state housing and was trying to get back on my feet so i gave her custody, in which i paid court oredered child support, & court order visitation and lived with them some of the time as well. When i decided not to live with her any longer and wanted my children she now has moved away and has not allowed me to visit in 3 months. i have filed contempt but no attorney so doesnt seem to be going anywhere. any advice in Georgia?

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Raye - posted on 11/20/2015

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So you need to find out her address, or ambush her somewhere you know she will be, and have the papers served.

To obtain her mail forwarding address, you or your process server may fill out this form:
https://about.usps.com/who-we-are/foia/coa-or-boxholder-form.pdf
...and provide it to the post office. It may need to be mailed to the Postmaster General for the Zip Code of the last known address, with a self-addressed stamped envelope for return. They may also refuse to provide this information. If they refuse to provide it, you can try a different way of getting it. Write a short letter telling her that you need to contact her for a court hearing (just in case the letter gets delivered, but it shouldn't). Send the letter with your address only (no name) typed (not hand written) in the upper left corner and her last known address typed out in the lower right quadrant. Above her address, leave a little space and type in capital letters "RETURN SERVICE REQUESTED". The post office should return the letter to you with a yellow sticker that will either have the forwarding address or it will say "unable to forward" if no forwarding address was filed.

If she didn't file a forwarding address, you need to try to find her a different way. Does she keep in contact with other family members that could tell you where she lives? Does she regularly attend a church where she could be served? You may have to get creative to find ways in which she can be located.

Raye - posted on 11/18/2015

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The courts are the only ones that can give you legal custody. Was there a set time that she was to have custody before the court would revisit your status? If so, has that time passed? Was she given residential custody or full legal custody (there is a difference)? If you can't pay for a lawyer, you should try to find legal aid that will help you understand what your rights are and how to get your child back.

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Theresa - posted on 11/20/2015

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you guys are fantastic, i did go to the post office with tears flowing they actually helped me! She said it was totally against policy but i got the address. I took it to the sherriff office immediately so they could serve her. he said hopefully by next week. then out of the blue she text me that my twins want to see me so i said great ill pick them up, but she text back stating no that was not going to happen and she would have "her attorney" contact me. so i screenshot and printed that text now im just waiting on service and court date, im so nervous and scared. i was wrong to give custody & the judges and sherriffs seem to be looking down on me for that. thank you so much

Theresa - posted on 11/19/2015

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yes maam they did and i went unfortunately they said they could not serve her at the address i had so i wouuld need to locate her and have her served then they would set a new date.

Raye - posted on 11/19/2015

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You filed for contempt, which was the right thing to do. Have they set a hearing?

Theresa - posted on 11/19/2015

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Thank you. we went to Attny and signed legal physical custody to her, as we were on great terms i didnt protect myself with an ending date. it stated i was to have visitation and pay child support and signed by the judge. She doesnt work however and now wants to keep my twins and me to continue to pay child support once i moved out. now she has refused the visits and moved to new address. i filed contempt of court for visit on my own due to legal aid refusing to help with child custody matters and the attorneys here wont touch it for less than $3000. i am at such a loss as to what to do. i have visisted and called every state agency, 10 different attny's, im not sure anyone can help

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