Custody Rights And Violations

Summary

Sebastiano faced multiple legal challenges, including due process violations while in jail, issues with legitimization paperwork, and custody rights. He was unable to attend a custody hearing due to a jail transfer, impacting his ability to defend his rights. Sebastiano also dealt with attorney withdrawal and eviction, complicating his situation further. He needs to present his 2010 legitimization paperwork and explain his continuous involvement in his daughters life during his TPO hearing. Additionally, he should request a new attorney and highlight the impact of the eviction and TPO on his ability to see his daughter.

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I HAVE A TPO HEAring inm about * hours and my question is what rights where violated when i was in jail and my fiances mother filed for temp custody of our daughter and cause they would not let us gfo to the hjearing tshe won by default judgement

Hello Sebastiano,
I'm sorry to hear about your situation. To provide the best guidance, could you clarify if you were notified of the temporary custody hearing while you were in jail? This will help in understanding if any due process rights might have been violated.

i was by the sherrifs office but * min later i was tranfered to a different town and wasnt seen or heard from anyone for 35 days

Hello Sebastiano,
I'm sorry to hear about your situation. Based on what you've shared, it seems like there may have been potential violations of your due process rights. Key points to consider:
- **Due Process**: You have a right to be notified and to participate in legal proceedings affecting your rights.
- **Habeas Corpus**: Being held without a hearing for 35 days might infringe on your right to a speedy trial.
For your Temporary Protective Order (TPO) hearing, you may want to inform the court about your situation and how it impacted your ability to attend previous hearings.
Would you like specific information on how to bring this to the court's attention during your TPO hearing?

sure but its deepere than that my xchild was givin back to us verbaliy not thru the court and after i was released from jail i filed for custody and even thou the motheer of the child was sitting next to me and i had the legitization paperwork from vital records the judge said that bi hadnt and i had no rights to my daughter fast forward things my fiance passed away nin oct of * and her mother took my child from me evicted me out of the family hgouse we where nliving in for 11 years and now i have zero contact w myu daughter and A TPO OUT AGAINST ME FOR SOME REASONM WHICH I HAVENT FIGURED OUT YET THEY WANT ME TO LEAVE THEIR TOWN WITHOUT MY DAUGHTER AALSO ALL OF THE JUDGES HAVE RE CUSED TGHEMSELVES EVEN THOU THEY RULED ON THE TE,MP AND THE EVBICTION AND T

Sebastiano, I'm sorry to hear about your difficult situation. For your TPO hearing, consider addressing the following points:
- **Due Process Violation**: Explain how being transferred while in jail prevented you from attending the custody hearing.
- **Legitimization**: Show the court your legitimization paperwork.
- **Custody Rights**: Emphasize your continuous involvement in your daughter's life.
Would you like specific guidance on how to present these points at your hearing?

HER ORIGINAKK ATTORNEY I HAD REMOVED CAUSE HE WAS MY ATTORNEY BACKN IN * AND * OF MY FIANCES SISTERS WORK FOR HIM

Hello Sebastiano,
I understand your situation is complex and challenging. For your TPO hearing, here's how you can present your points:
- **Due Process Violation**: Explain your transfer while in jail and inability to attend the custody hearing.
- **Legitimization**: Present your legitimization paperwork from vital records.
- **Custody Rights**: Emphasize your involvement in your daughter's life and previous verbal custody agreement.
Would you like to know how to request a new attorney or further assistance on presenting these points?

YES CAUSE I ALSO HIRED AN ATTORNEY IN JAN AND FINALLY GOT TO COURT IN JULY WHICH I HAD TOLD NHIM ABOUT THE JUDGES BUT HE THOUGHT HE COULD GET ONE OF THEM TO HEAR THE CASE AND WHEN THEY WOULDNT AND I EXPRESSED TO HIM THAT I WASTED * MOTHS AND * DOLLARS HE SENT IN A MOTION TO WITHDRAWL FROM MY CASR

Hello Sebastiano,
I'm sorry to hear about your struggles. To address your concerns:
*. **Requesting a New Attorney**:
- Inform the court about your current attorney's motion to withdraw.
- Request the court to appoint a new attorney or allow you to find one.
*. **Presenting Your Points**:
- **Due Process Violation**: Explain your jail transfer and inability to attend the hearing.
- **Legitimization**: Present your paperwork from vital records.
- **Custody Rights**: Highlight your involvement in your daughter's life and verbal custody agreement.
Would you like more detailed steps on requesting a new attorney or addressing these points in court?

YES PLEASE

Hello Sebastiano,
I'm sorry to hear about your ongoing legal struggles. Here are detailed steps to help you request a new attorney and address your points in court:

Requesting a New Attorney:
*. **Inform the Court**:
- When your current attorney's motion to withdraw is heard, explain your situation to the judge.
- Mention your attorney's withdrawal and your need for adequate legal representation.
*. **Request Appointment**:
- Request the court to appoint a new attorney or grant you time to find another one.

Presenting Your Points in Court:
*. **Due Process Violation**:
- Clearly explain how being transferred while in jail prevented you from attending the custody hearing.
- Emphasize the lack of opportunity to defend your rights.
*. **Legitimization**:
- Present your legitimization paperwork from vital records to the court.
- Highlight any verbal custody agreements you had with your fiancé.
*. **Custody Rights**:
- Describe your continuous involvement in your daughter's life.
- Emphasize your role as a parent and any agreements made regarding custody.
Would you need further specific advice on any of these steps or additional points to consider?

I AM RIGHT ABOUT THE LAW IN * ABOUT CHILD BORN OUT OF WEDLOCK MAND DOING THE PAPEERWORK AT THE HOSPITAL THE ADMINISTRATIVE PROCESS IN GA THE LAW WAS CHANGED IN JULY OF *

Hello Sebastiano,
To clarify your question about the law changes regarding children born out of wedlock in Georgia:
- *** Law**: Fathers had to go through the legitimization process to establish legal rights to their child.
- *** Change**: The process was streamlined; fathers could more easily establish paternity and rights through administrative processes.
Would you like more information on how this change in law affects your current situation?

YES CAUSE I WAS SURE THAT IT IS THE REVEERSEWD CAUSE THE PAPERWORK I HAVE SAYS DIFFERENT

Hello Sebastiano,
I understand there's some confusion regarding the changes in Georgia law about children born out of wedlock. Let's clarify:
- *** Law**: Fathers needed to file a paternity and legitimization petition in court to establish legal rights.
- *** Change**: The process became more streamlined, allowing for easier administrative legitimization through forms at the hospital.
Would you like assistance in understanding how to use your paperwork to support your case?

AGAIN IM LOOKING AT THE PAPERWORK NOT TRYING TO DISAGREE BUT WE R TALKING ABOUT GA AND THE THE VEERSION I HAve is dated nov * * and it has on there the administrative process at the top and the one from * the * form says that legitimation portion of the papaerwork if we both sighn it then the vchild is consideered ligitimized

Hello Sebastiano,
Thank you for clarifying. In Georgia, the laws regarding legitimization have evolved over time. Here are some key points:
- *** Law**: Legitimation could be addressed via voluntary acknowledgement of paternity, signed by both parents.
- *** Change**: Further streamlined, making it easier through administrative processes.
Would you like guidance on presenting your * paperwork in court?

yes and the other stuff about how to present in court at the tpo hearing all the wrong doings that have been dun

Hello Sebastiano,
For your TPO hearing, here’s how to present your case effectively:

Presenting Your Points in Court:
*. **Due Process Violation**:
- Explain your jail transfer and inability to attend the custody hearing.
- Emphasize the lack of opportunity to defend your rights.
*. **Legitimization**:
- Present your * paperwork showing the voluntary acknowledgment of paternity.
- Highlight any verbal custody agreements and your role as a parent.
*. **Custody Rights**:
- Describe your continuous involvement in your daughter's life.
- Explain the verbal custody agreement with your fiancé.
- Mention the * legal streamlining if relevant to show ongoing commitment.

Additional Points:
- **Attorney Issues**: Inform the court about the withdrawal of your current attorney and request the appointment of a new one.
- **Eviction and TPO**: Explain how the eviction and TPO impacted your ability to see your daughter and defend your rights.
Would you like more detailed steps on addressing these points or presenting your paperwork?

by the way its ocga *.*/*/* from *

Hello Sebastiano,
Thank you for providing the specific statute. To help you prepare for your TPO hearing, here's how you can address the issues:

Presenting Your Points in Court:
*. **Due Process Violation**:
- Explain your jail transfer and inability to attend the custody hearing.
- Emphasize the lack of opportunity to defend your rights.
*. **Legitimization (OCGA *-*-*.*)**:
- Present your * paperwork showing the voluntary acknowledgment of paternity.
- Highlight any verbal custody agreements and your role as a parent.
*. **Custody Rights**:
- Describe your continuous involvement in your daughter’s life.
- Explain the verbal custody agreement with your fiancé.
- Mention the * legal streamlining if relevant to show ongoing commitment.

Custody Rights And Violations

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