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Can I get a modification of joint legal custody to sole physical and legal custody at this point?

Atlanta, GA |

Currently, I am the custodial parent of our minor child. Divorce was finalized 4 years ago. January 09, NCP was found in contempt of non-payment of child support, he now has a new contempt charge for the same filed agiants him by Ga. Child Support Enforcement. He has recently been found guilty of abandonment, sentenced to 1 year incarceration, suspended if he pays his child support on time in full every week. The non custodial parent has made no attempt to exercise visitations in 4 years, has made no attempt at ANY form of communciation with our minor child in that time. I would like to apply for sole legal/physical custody. What are my chances at this point of getting this? In Ga. do I apply for modification in the county the NCP resides, or where our divorce was finalized?

Attorney Answers 1


  1. You can certainly file for a Modification of Custody, and seek sole custody of your minor child, but that is not your best option. A better course of action for you would be to file a termination of parental rights, so that the father has no legal rights whatsoever to the child. This action needs to be filed in the Juvenile Court of the county of your child's current residence. Now keep in mind, if the termination is granted the father would have no further obligation to provide any future child support. It sounds like he isn't paying child support anyway, so this may not be a concern. You need to consult with a local Atlanta attorney that does a lot of family law work. Some attorneys even offer free 30 minute consultations, where you can ask some questions and get some additional information. You can click on my profile to get my contact information and learn more about me. If you would like to set up a consultation please give me a call.

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