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What forms do I fill out to establish joint custody or full custody? I have the most problems with my ex-wife about my kids...

Gainesville, GA |

Every time it's time to get my 2 boys (visitation) I have the most problems with my ex-wife. I haven't a weekend with my kids in a long time because every time it's time for me to pick them up she comes up with all kinds of excuses, in divorce papers it clearly states the holidays I get them, the time to and from, also states decisions made about the kids schools, health I should be informed before making any kinds of decisions. My ex wife has done so many things without me knowing she took the kids out of school to home school I had no idea until after the fact. I want to file for full or joint custody I'm a good father I pay my child support like I'm suppose to and I want to make decisions for my kids. I need help on what I need to do to make this happen. Thank you...

Attorney Answers 3

  1. Best answer

    You should do three things:

    1. Go speak with an experienced family lawyer in Gainesville. If your financial condition is such that retaining an attorney is not feasible, call the Gainesville-Northeasatern Bar Association:

    Attorney Referral: (770) 532-6312, Abbott Hayes
    Phone: (770) 532-6312
    Area Served: Counties: Dawson, Hall

    2. Speak to the attorney about the viability of a contempt action. It will be helpful to the attorney if you can bring any logs you've maintained of the days and times your ex-wife has thwarted your efforts to see your children and not discussed legal custody decisions with you (to the extent the Decree gives you joint legal custody, which would obligate her to do so). Make sure to bring a copy of your Decree with you and any prior modification Orders.

    3. Speak to the attorney about the viability of filing a change of custody action and about the legal burden (you have to demonstrate that there has been a material change in circumstances affecting the health and welfare of the children and that it is in their best interest that a change of custody be granted). If your ex has engaged in a pattern of alienation, if she has ignored her obligations under the Decree and acted in contravention to your rights as a legal custodian, if she has kept you from spending time with the children to which you are entitled under the Decree, then those are things that you should share with the attorney. Bring any calendars, texts, journals, emails, voice mails and other evidence you may have of her refusal to allow you to spend time with your children to which you are entitled under the Decree (and any refusal to allow you to make up that time and any denial of requests to spend special occasions with the children). Best of luck

    This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.

  2. You do not need forms. You need an experienced custody attorney who handles such cases in Hall County. Do not attempt this without an attorney.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.

  3. If you want this to go VERY badly for you, hunt for forms. This is NOT something you win or lose with forms. You lose, in all likelihood, absent counsel. If you want your best chance, you hire a lawyer.

    Potentially you may be able to pursue contempt for past violations and seek modification.

    Remember, that when you blow this pro se with forms, you will lose the right to do anything about it for at least two years. Do not make that mistake.

    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). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. 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. 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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