Can I take my daughter to a psychiatrist to refute a petition for modification and or visitiation filed by a grandparent?

Asked 11 months ago - Norcross, GA

My daughter's paternal grandmother wants sole custody and or visitation rights to my daughter. My daughter temporarily lived with her for a year and a half in the past year because she was rendered deprived by DFACS because I spanked her. I got my daughter back in April and the case was dismissed. While my daughter lived with the grandparent, she would consistently try to defame me to my child. She told my daughter that she didn't like her real name and that once she adopted her that she would change it. She showed my daughter pictures of my mugshots online and told my daughter that she was gonna make sure that I stayed in jail forever. All of this info was told to me and my DFACS caseworker by my child and had been documented and a witness testified. Would she get custody/visitation?

Additional information

In the petition for change of custody she is alleging all the same allegations against me that were in question during the deprivation proceedings like : I'm a prostitute, alcoholic/pot head, I'm not stable, etc. I was an escort for a short time but I have a legal job now, a primary residence, my daughter is happy in school and in gymnastics. I vowed to not ever have anything to do with the paternal grandmother or her deadbeat son once I got my daughter back. They don't know my address but know the county where I live and I want to keep it like that. Child support was ordered in 2007 but the father hasn't paid in five years. He has not legitimated my daughter either. He has child abandonment pending and he was convicted of Aggravated Assault. He has pending arrests of Pandering, Possession of Marijuana, Abandonment, etc. In the petition the grandparent states that the deadbeat father lives with her. Would a judge consider all these factors to deny her petition for custody?

Attorney answers (3)

  1. Anthony M. Zezima


    Contributor Level 16


    Lawyers agree

    Answered . You need to have an experienced custody attorney immediately. If this case has already been served upon you, there is no time to waste. All of the facts mentioned in your post are relevant. However, you need someone to put your case defense together. That should be an attorney who has regularly handled such cases in Gwinnett County. If your case is not in Gwinnett County, it should be.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However,... more
  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Yes

  3. Kevin H. Pate

    Contributor Level 20

    Answered . The court will consider all relevant information, including that which favors you, that which does not, and the same for the petitioner. if you do not already have counsel, seek out qualified counsel in your area as soon as possible.

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