Trivium Academy Posted March 8, 2009 Share Posted March 8, 2009 I've been searching and cannot find where there is a list of parental rights guaranteed to a parent. Does anyone here know where to access these? I've seen numerous websites for terminating parental rights but not a single one that lists the rights (for U.S.). I'm seeking sole custody and stbx thinks that means his parental rights will be terminated which is not true. His parental rights will still be intact if I have sole custody. I figured the Hive Mind would know where to look so I can stop wasting time... Thank you! Quote Link to comment Share on other sites More sharing options...
drama_mama Posted March 8, 2009 Share Posted March 8, 2009 I recently went through a divorce and custody battle in GA and let me tell you that sole custody is rarely granted. In my case there ended up being a restraining order, he was arrested and there was other drama related to the parent he is and he still was granted joint legal custody with me having physical custody. If you have any specific questions please feel free to pm me. Quote Link to comment Share on other sites More sharing options...
Carrie12345 Posted March 8, 2009 Share Posted March 8, 2009 I'm seeking sole custody and stbx thinks that means his parental rights will be terminated which is not true. His parental rights will still be intact if I have sole custody. I figured the Hive Mind would know where to look so I can stop wasting time... Thank you! You're both kind of right. If you were to win sole custody, he can retain visitation rights. However, he would lose the legal right to make any major decisions in their lives. Try here: http://www.divorcelawinfo.com/states/ga/gacustody.htm As far as I can tell, there is no such thing as "parental rights" in the way we'd expect them to be defined. That is, until they're questioned (whether through divorce or child services or what have you). Quote Link to comment Share on other sites More sharing options...
HSMom2One Posted March 8, 2009 Share Posted March 8, 2009 Wouldn't this be mandated state by state rather than through the national government? Have you searched through your state's website yet? You may need to check with your attorney. Blessings, Lucinda Quote Link to comment Share on other sites More sharing options...
Dobela Posted March 8, 2009 Share Posted March 8, 2009 I agree that you need to talk to your attorney, or a family law specialist. I am not in GA, so I don't know those laws, but in other states a person cannot give up parental rights unless another person is ready to adopt the child immediately or the child is given to the custody of child protection services. One friend's exdh willingly gave up all rights when she remarried. He had wanted to do it before but her state laws said someone else had to adopt the children so she would not be dependent on government services to support them. Her ex had already stopped visitations and involvement (she had sole custody) but was still court mandated to provide child support as long as he was listed as the father. Quote Link to comment Share on other sites More sharing options...
valkett Posted March 8, 2009 Share Posted March 8, 2009 O.k.. isn't there a way that you and your stbx can work out an agreement that works for both of you? My parents divorced when I was 3. I honestly didn't have any stress over the situation because of the way they handled it. Yes, I stayed with my mother for the majority of the time. My dad picked me up one weeknight a week for dinner and I went to his house every Friday evening until either Saturday evening of Sunday (I attended church with my mother so usually came home Saturday night). I could talk to my dad whenever I wanted. He paid for my health insurance and was involved in whatever major decisions were going on with me. I cannot tell you how much it meant to me while I was growing up that my parents acted decently towards each other regarding the divorce. (I realize that that is not possible in all situations - my parents were/are two very nice people who had absolutely NOTHING in common and probably never should have gotten married). While I was growing up, Christmas morning didn't begin until my father (then later my father and step-mother) arrived. I never felt like one didn't love me and neither one let me play them against each other. They continued this level of respect after I was out of the house and grandkids came along. My mother was supportive when my father was ill and dying (she watched my kids, etc.). Many of her family drove from North Carolina to Maryland to attend my father's funeral. I would encourage you to talk to your stbx about his concerns and work out an agreement that covers those concerns. Have you considered using a mediator? Best of luck. Valerie Quote Link to comment Share on other sites More sharing options...
Danestress Posted March 8, 2009 Share Posted March 8, 2009 Your lawyer is the person who should be answering these questions because what matters is what the law is in *your* jurisdiction and what judges in *your* local courts are likely to do - assuming that your case gets tried. As a rule of thumb, termination of parents rights is permanent, whereas an award of custody (physical or legal) is not. If a judge awards custody to you this year, next year your husband (in most jurisdictions) can file asking for a change based on a chance in circumstances. For example, you make a job in another location, get married, etc, he can allege that these changes warrants a change in the custody arrangement. Quote Link to comment Share on other sites More sharing options...
Trivium Academy Posted March 8, 2009 Author Share Posted March 8, 2009 Thanks all, I found the information I needed. Yes, I have an attorney but stbx was served Friday and I've been fielding threats all weekend, I've contacted my attorney and will talk to him tomorrow but wanted to educate myself further. Quote Link to comment Share on other sites More sharing options...
elizabeth Posted March 8, 2009 Share Posted March 8, 2009 I am an attorney as is dh. Has your soon to be ex hired an attorney? If not refuse to speak about the law with him and he soon will hire one or be quiet. If he has an attorney he should ask questions of her/him about the difference between legal and physical custody. We strongly advise clients against discussions between them as no good usually comes from it .If the two of you could communicate well and fairly you likely would not be seeking to divorce. I am not trying to hurt you or be unkind I just hate to see the wheels spin this way because I know this will the first of many times you will get drawn into defending , justifying ,qualifying and explaining yourself. No need to do so that is the attorney's job you are no longer in a position where you owe anyone an explanation, justification and the like.If I have offended you or anyone else please accept my apology . If this is at all helpful take what helps and please ignore the rest. I have been at this too long to ignore what is obviously going to be a pattern before you know it. Save your energy for productive and needed use. Caring for children, educating ,serving , working ,praying whatever you do will be more productive than responding to the spin of endless justification. Quote Link to comment Share on other sites More sharing options...
TraceyS/FL Posted March 8, 2009 Share Posted March 8, 2009 I am an attorney as is dh. Has your soon to be ex hired an attorney? If not refuse to speak about the law with him and he soon will hire one or be quiet. If he has an attorney he should ask questions of her/him about the difference between legal and physical custody. We strongly advise clients against discussions between them as no good usually comes from it .If the two of you could communicate well and fairly you likely would not be seeking to divorce. I am not trying to hurt you or be unkind I just hate to see the wheels spin this way because I know this will the first of many times you will get drawn into defending , justifying ,qualifying and explaining yourself. No need to do so that is the attorney's job you are no longer in a position where you owe anyone an explanation, justification and the like.If I have offended you or anyone else please accept my apology. If this is at all helpful take what helps and please ignore the rest. I have been at this too long to ignore what is obviously going to be a pattern before you know it. Save your energy for productive and needed use. Caring for children, educating ,serving , working ,praying whatever you do will be more productive than responding to the spin of endless justification. Thanks for saying this..... i have a few people wondering why i'm not really talking to my stbxh. Well gee, if i could have a rational discussion with him we'd not be at this point.... so why bother?! My attorney gave me the same advice as you just did. Jessica - i'm sorry the weekend didn't go well. :grouphug: Quote Link to comment Share on other sites More sharing options...
CalicoKat Posted March 9, 2009 Share Posted March 9, 2009 You're both kind of right. If you were to win sole custody, he can retain visitation rights. However, he would lose the legal right to make any major decisions in their lives. Try here: http://www.divorcelawinfo.com/states/ga/gacustody.htm As far as I can tell, there is no such thing as "parental rights" in the way we'd expect them to be defined. That is, until they're questioned (whether through divorce or child services or what have you). :iagree:This is true. My sister and her x have this kind of divorce. She has sole custody. He has visitation, which is about 50% of the time anyway. BUT he doesn't get to make decisions about anything regarding their child. He can object and make things really difficult though. It's horrid. My sister knows had to happen but it's a horrible existence for her, their daughter, and him. Quote Link to comment Share on other sites More sharing options...
CalicoKat Posted March 9, 2009 Share Posted March 9, 2009 I am an attorney as is dh. Has your soon to be ex hired an attorney? If not refuse to speak about the law with him and he soon will hire one or be quiet. If he has an attorney he should ask questions of her/him about the difference between legal and physical custody. We strongly advise clients against discussions between them as no good usually comes from it .If the two of you could communicate well and fairly you likely would not be seeking to divorce. I am not trying to hurt you or be unkind I just hate to see the wheels spin this way because I know this will the first of many times you will get drawn into defending , justifying ,qualifying and explaining yourself. No need to do so that is the attorney's job you are no longer in a position where you owe anyone an explanation, justification and the like.If I have offended you or anyone else please accept my apology . If this is at all helpful take what helps and please ignore the rest. I have been at this too long to ignore what is obviously going to be a pattern before you know it. Save your energy for productive and needed use. Caring for children, educating ,serving , working ,praying whatever you do will be more productive than responding to the spin of endless justification. GREAT advice. Quote Link to comment Share on other sites More sharing options...
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