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What can I expect from a REQUEST FOR A TEMPORARY HEARING in DeKalb County?

Decatur, GA |

Divorce is filed. Wife has left state with children. She was able to get a protective order in the state she ran to. (Im sure my story is familiar to you)

Anyway, the divorce is filed but I also filed a Request for a Temporary Hearing because I want the judge to possibly address custody of our children.

The children have a more stable environment in my house. They havent been to school since 12/2. because they are with HER.

. Again GEORGIA is our home state and has been for the last 5 years.

What can I expect from this hearing?

I keep getting the "speak with an attorney" response. Ummm...thats what Im doing.

Attorney Answers 5

Posted

A lawyer is important to help with what appears to be , first and foremost, a jurisdictional issue. If she has an order from another state, but GA is the home state, there are a few legal maneuverings that need to occur first to establish the jurisdiction and settle that question. As stated by the other lawyers here, it is difficult to impart advice with such a two layered case, i.e. jurisdiction and then the actual best interest issues. To add to it, it does, in some part, depend on which state she moved to. Perhaps finding a lawyer familiar with DeKalb is a good first step.

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Posted

It is hard to give a great answer without knowing more about your situation. For instance, I would want to know more about the protective order she took out against you. That kind of items matters when dealing with child custody. At the temporary hearing you will present your evidence concerning who is more entitled to be the primary custodial parent. The judge will hear all of the evidence and make his ruling. Obviously bring up the fact that they have been missing school (assuming you are going into the hearing without a lawyer). If you haven't hired a lawyer, you should consider it for the item of child custody! If costs are your concern, shop around and find one that gives a free consultation and you may even find one that takes payments. Good luck with everything!!

This response does not establish an Attorney-Client relationship. It is highly advised that if you wish to discuss this further that you inquire into hiring local counsel.

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2 comments

Asker

Posted

The protective order SHE was able to take out has stipulations that are identical to a protective order issued in GA or anywhere else. No contact, stay away 100 yards etc..

Samuel Eugene Thomas

Samuel Eugene Thomas

Posted

I'm sorry I meant should you hire me or any other lawyer, "we" as in "any lawyer" would want to know more about the TPO meaning the reasons she took out one. I agree with the other lawyers below, you need to actually go speak with one face to face in their office. I wish you luck!

Posted

You can expect the case to go very badly without counsel. That is why you are being told to get counsel. In fact, depending on which judge has the case, you may have made a mistake in asking for a temporary hearing. Depending on the judge, you possibly should have sought referral to mediation or appointment of a guardian. In some cases, depending on the facts, you might seek emergency relief. In any event, with a holiday coming up Monday may be your last chance to get a lawyer in time. Spend Monday morning calling lawyers as you cannot hire one via AVVO. (You also need to talk to a lawyer in the state with the protective order, as well as getting Georgia counsel). Good luck!

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

To be more specific, you should hire an attorney, not just correspond via email. You can expect at the hearing to have your wife make claims against your abilities as a parent and husband. According to your post, she already has a protective order against you. You should not take it lightly that she will attend a temporary hearing and try to assert her rights against yours. She has already done so.

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Posted

I read your additional response about speaking with attorneys and can appreciate that. You need to schedule a full consultation to get the answers you seek, too many questions. If the divorce was filed in the State of Georgia AND there is proper jurisdiction here as your post suggests, then yes I would expect custody to be an issue at a temporary hearing. As for the TPO, would need to review the paperwork and the granting state's procedures. While there is full faith and credit between states, it is possible the Superior Court of Georgia could trump the TPO or you may still be able to fight the TPO in that state. Without more I can't see how another state would have jurisdiction to grant a valid TPO against you unless you were involved in an altercation in that state.

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