Declaration of Custody (Declaratory Judgment)

Often times a legal parent may find themselves in a situation where they are required to prove custody of a child, but they do not have a custody order.  This situation may arise in several scenarios, although the most common scenarios include mothers with children born out-of-wedlock whom have not been legitimized and instances where the former primary custodian has passed away leaving the former noncustodial parent as the only legal custodian of the child.

Although not legally required for everyday life, you may find yourself in need of an Order establishing that you have legal custody of your child, most notably, when you attempt to obtain a passport for your child.

 If you find yourself in this situation, you may obtain a valid custody order clarifying that you indeed have custody of your child by petitioning the Court for a Declaration of Custody Order, commonly referred to as a Declaratory Judgment.  See O.C.G.A. Title 9, Ch. 4.

Should you find yourself needing help with a declaration of custody, or you just want to ask a few questions, give us a call at 770-415-9848 at the Sellers Law Firm, LLC: Where Clients Become Family.