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Can i ask a judge to terminate visitation until service is accepted?

Marietta, GA |

I live in Indiana but my order for visitation with my child's father is in Georgia. This visitation needs to be modified given the new living circumstances. However, the father of the child is either giving the wrong address on purpose or refusing service at the given address so the he can be properly served with papers for modification. This also has kept Child support services from catching up with him as he job hops often. Instead of resolving the issue of visitation through modification, he chooses to continue to file contempt every two months. This time i filed a counter contempt for not completing court order seminar for parents and child support that is behind in the amount of 4224.42$ and ordered medical never provided.

I already filed my counter contempt if that's what you want to call it. The child's father denied service at the same address he once again gave in court that day; so the judge issued a continuance for both cases for 60days later. I'm trying to file a modification but i keep getting different answers about which county the modification should be filed since i no longer live in Georgia, and the child's father does not reside in Cobb county where the visitation order currently is. I have been unemployed for 3years because of dealing with this. And Legal aid has not been of any assistance.

Attorney Answers 2

  1. Best answer

    Of course, you can ask for an emergency order whether you have valid or not. However, based upon the facts, it does not appear that you have any grounds that rises to the importance of having such an order granted.

    It might work to your advantage to obtain a lawyer to advise you on the matter. If you cannot afford one for the entire matter, you should consider taking the time to visit an attorney's office for an initial consultation. Discuss all issues in your case, including the grounds (if any) for an emergency order.

  2. I strongly encourage you to contact an attorney. You can not file a counterclaim to a contempt because a contempt is not a complaint pursuant to the Civil Practice Act. See Carden v. Carden, 266 Ga.App. 149 (2004).

    I would encourage you to have him served on the modification when you go to the court for the contempt. If you have not already done so, you can file a motion for the appointment of a special process server and have him served using a private process server instead of the sheriff. Provided you have some information regarding his whereabouts -- where he works, where he goes to the gym, etc.

    This post does not create an attorney client relationship. This attorney is only licensed in Georgia.

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