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#754715 - 10/07/12 02:19 PM Question on settlement made
tbneedshelp Offline

recently joined

Registered: 10/07/12
Posts: 1
I went to court with being served a request for custody by a grandparent. I found out when I appeared in court that the other grandparent wanted just visitation. My attorney advised me that he would win the custody, but he could not guarantee what kind of visitation the grandparent was going to receive. He said this grandparent would get her diseased sons visitation in his place and that would be much more time than I wanted. He negotiated a deal for visitation and when he came back to me with the final deal it was not what I had agreed upon. My attorney refused to continue negotiations and told me he would quit the case if I insisted on telling him to go back and continue the negotiations. We left with him understanding that I was not happy with the outcome and I told him so. There was not anything placed in writing or signed by me and it was not done before the judge. My Attorney just told me there was a grandparents law in Georgia, but he never told me that to get visitation there was items listed that was required. The grandparent has done none of the required items. I only just found out what the Law actually allows and what the grandparent must prove.

My question is can I fire him and continue negotiations with a new attorney or is the verbal deal between the two attorneys on my behalf binding even after I told him I did not agree.

#754716 - 10/24/12 06:46 PM Re: Question on settlement made [Re: tbneedshelp]
kkimberh Offline


Registered: 03/24/10
Posts: 391
What I've learned from some serious grandparent visitation experts is that you NEVER EVER EVER want to settle. Make the judge decide. And it is not true what a judge will decide will be more than what you would settle for. Grandparents have no inherent rights, and have to prove that not having a relationship w/ the child will be detrimental to the child. Is there a relationship there? How much visitation has the grandparent had in the past? The grandparent is never going to end up getting what the other parent would have had. That just does not happen anymore.
I love therapy. It's like a talk show, where I'm the guest and the only topic is me.

#754717 - 10/24/12 10:41 PM Re: Question on settlement made [Re: kkimberh]
annieo Offline


Registered: 07/07/10
Posts: 1499
Is there any reason the grandparents should not have a relationship with the child?

Did they try to talk to you about seeing their grandchild before they filed and you refused? Their son passed away and the child is a part of them - it may be as simple as they just want to be in the child's life and they spoke to an attorney and sometimes attorney's......

#754718 - 01/08/13 05:22 AM Re: Question on settlement made [Re: tbneedshelp]
Renny Offline


Registered: 09/24/11
Posts: 479
An agreement reached by the attorneys on behalf of their clients is binding, but in a child custody situation the situation is so volatile that until a consent order is reached and signed by all, or there is an actual court order, all the agreements are academic. You can pick up negotiations and settle or go to court with a new attorney.


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