my ex girl friend and i are currently going through a custody battle for our two little girls. i only have visitation to my oldest child who is 2 years old my youngest has not yet been legitimized. my ex's parents were charged for manufacturing me...
It sounds like you have legitimated and established custodial rights to your oldest daughter but have not done so on your youngest. You need to file a Petition to Legitimate and Establish Custody of your youngest and you need to modify custody of your oldest one. I find it hard to understand a situation where a judge would allow the two children to be unsupervised with the grandparents who were manufacturing meth.
I strongly encourage you to speak to an attorney about this case. This is not the kind of case I advise clients to try to go at it alone. Custody cases are some of the most complex cases.See question
My divorce was finalized November 2014 and the settlement consisted in my ex paying the amount of $4000. This amount was split in payments of about $400 that he was supposed to pay throughout 2015. He hasn't made one single payment. My lawyer, onc...
As long as the settlement agreement was incorporated into the final order, then you can ask the court to find him in contempt of the order. Although, I do not recommend going to court unrepresented you may choose to file the petition for citation of contempt on your own and then hire an attorney once you get a court date set. I am including a link to the contempt packet for Fulton and DeKalb Counties (your question is being asked as if from Atlanta so I am assuming the case was finalized in Fulton or DeKalb). I understand that you live out of state but regardless you will have t appear in court for a final hearing on the contempt.See question
Hello, I live in Georgia and I have been with my husband for 4yrs but only legally married for 4mos. We have an almost 3 year old son and he is the reason I have been trying to work things out to avoid separation but my situation seems like it get...
You need to get out of this marriage. In addition to consulting a family law attorney, you need to speak to an immigration attorney ASAP about whatever you have signed in getting your husband legal status. Most immigrants have a person petitioning to have them allowed to immigrate legally. It sounds like from your question, you are the U. S. immigration petitioner and he is the intending immigrant. If you signed the I-864 Affidavit of Support, you have told the federal govt that you guarantee to provide financial support to the foreign national at 125% of federal poverty guidelines. That means he can sue you for support. That means the federal govt can sue you for his support if he goes on public assistance. Even after you divorce. This essentially means that you may be paying alimony. So DO NOT sign anything until you have spoken to an immigration attorney who represents YOUR interests. Do not go with your husband to speak to the attorney.
As for alimony for you, length of marriage is a factor in awarding alimony. Most judges look at one party's need and the other party's ability to pay more than they look at anything else. If he does not have legal status, then he cannot work legally. Which means that if the judge orders him to pay you alimony they are essentially asking them to break the law. There are other factors including the age of the parties, the education of the parties, the separate estate of each party, the standard of living of the parties during the marriage, and the contributions of the parties. Georgia law also gives the court the discretion to consider time the parties were living together before the marriage. Sprouse v. Sprouse, 285 Ga. 468, 469, 678 S.E.2d 328, 329 (2009)See question
My daughter (9) lives with her mother, my ex girlfriend from almost 10 years ago. She seems to not want to answer the phone and such when it is time for me to have my one weekend every two weeks with my daughter. When I do get to see my daughter s...
This is probably the most unusual post I've read in a long time. Typically, parents who see this behavior want nothing more than to "rip" the child away from the other parent. I applaud you for being concerned about what removing her from her mother's custody might do to her. With that said, I do believe you need to intervene. And you should do so soon.
First, make sure you are caught up on your child support if you were ordered to pay any. This is just to make sure that the reason they are living in an unstable situation is not because you have failed to pay support. I would then also talk to the mother. What is going on with her? Is there a mental health issue that is not being addressed? Is there a drug or alcohol issue? Is the boyfriend abusive?
Regardless, I would consider filing a modification of custody. This would not necessarily mean "ripping" her away from her mother. If you are more stable, are able to ensure that she is properly cared for (she is fed, bathed, roof over her head, etc), then it is likely in your daughter's best interest for her to live with you. That does not mean that Mom just disappears. Maybe she sees her daughter on weekends or every other week but that you are in a better position to make sure her needs are met.
I strongly recommend speaking to an attorney before filing any action.See question
In my divorcewe got joint custody but ex husband got primary.hes been in and out of jail and i dpnt want my son living in that situation.his dad has drug and family violence charges on him
You can file a petition to modify custody. To file a modification, you must show that there has been a change in the conditions or circumstances of either party (you or your ex) or the child. If the child's father has a drug problem and/or violence issues, that would be a significant change in his conditions. I would strongly encourage you to meet with an attorney to talk about what to do next. Best of luck and I hope that your son is ok.See question
How will the judge determine my outcome if I have no proof of evidence on the plaintiff goading arguments and using our children against me?
I agree with the other posts that it is difficult. But keep in mind a few things.
First, the case must be filed in the county where you reside. Not where the petitioner resides. Surprisingly, cases get tossed for this reason all the time. Make sure that the petition is filed in the right county.
Second, the petitioner has the burden of showing that there has been an act of family violence and that without an order there may be future violence. Family violence is defined as 1) Any felony; or(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass. O.C.G.A. § 19-13-1. Therefore, you should listen carefully during the petitioner's testimony to ensure that they are showing evidence of something that qualifies as family violence. Saying ugly things to the petitioner absent showing that they are threats of harm does not qualify as family violence.
You should not offer your own testimony until after the petitioner has put up their case. I find it surprising how many respondents start talking and dig themselves into a hole when the petitioner has not met their burden.
If the petitioner has continued to contact you after the ex-parte order has issued, I would certainly bring that to the court's attention. If they are frightened of you, then they should not be contacting you. Colleagues have had cases where the petitioner continues to text the respondent to meet up with her for trysts days after the ex-parte order. Clearly, if the person wants to have relations with the respondent they cannot be fearful of them.
I STRONGLY encourage you to hire an attorney to represent you in this case. If the petitioner is successful, you could spend the next twelve months with very limited if any visitation with your children. The emotional ramifications to your children will be horrendous. Most attorneys charge between $1500 to $3000 to represent in a family violence case.
Good luck!See question
My child's father ran off to New Jersey before my daughter was born and some days he says he will get a DNA test to prove she's his and others he says no. I'm a single mom and don't have alot of money to spend to get DNA test but I need to so my c...
Yes. You can initiate a child support case through the Office of Child Support Services. They will then transfer the case to New Jersey. This will take a while. They will pay for the paternity test or at least provide a severely discounted rate.
Another option is to have him go to a testing facility. I have pasted a link below for an American Association of Blood Bank approved DNA testing facility. You would want him to complete an in-person test because they will photograph the DNA donor that way you are assured that he is the one who was tested. Those tests run under $500.See question
I am taking a child on a vacation. I am obligated to provide the father with basic travel info. He is being difficult and wants more info, even thought I am not required to provide it. He says he will not sign the consent for the minor child to...
Depending on the county where your divorce is pending, you may require to provide notice to the other party if you are leaving the jurisdiction. This is usually found in the domestic standing order (some counties call it a mutual restraining order). Some counties do not have it and others allow the parties to travel outside of Georgia with a minor for a period of a few days such as Fulton. See the attached link. Other counties require the parties to get the consent of the other parent before traveling. Some counties bar travel.
The DeKalb Standing Order states, "Each party is hereby enjoined and restrained from causing tor permitting the minor children of the parties to be removed from the jurisdiction of this Court." I've had judges interpret the jurisdiction as DeKalb County for the purposes of property despite arguing that it was the state of Georgia.
Depending on the standing order (you didn't mention the county), you may need to have an emergency order to be allowed to travel without the other parent's consent. Emergency hearings are generally not for the purpose of travel although judges do grant them when there is a family member is gravely ill and a parent wants to take a child to visit the family member.
I would strongly encourage you to speak to an attorney who practices frequently in the county where your divorce is pending. Those attorneys generally have a very good idea as to what a specific judge needs in order to have an emergency hearing placed on their calendar.See question
we verbally agreed upon the separation and I have moved out. I gave him a separation agreement that he said he would sign but he is purposely taking his time doing so. Can i still go through with the no-fault divorce without the signed agreement o...
I am assuming that by no-fault you mean that neither is at fault for the dissolution of the marriage. In Georgia, we call that irretrievably broken. To avoid going before a judge, you would need to have filed a case, have him served, and also have a separation agreement that addresses all issues (divorce, custody, child support, asset and debt division, alimony and attorney's fees).
I strongly advise you to contact an attorney to file a case on your behalf and ensure that he is served properly. Once he is served he must file an answer within thirty days. I find that once a spouse gets a case filed and served, the other side becomes eager to resolve the case without judicial intervention.
Please also recognize that just because you proceed under a "no-fault" it does not necessarily mean that the case will not be contested.See question
agreement in Cobb County where he lives when he's with his mother. Can my son file a domestication and modification in Fulton County to have transferred to his county. 770-235-6477
Your question did not clearly state who has custody of your grandson. It sounds like his mother has custody but your question said "where he lives when he's with his mother." Does he live with someone else in addition to your son? If mother has custody from a prior case and she still lives in Cobb, then Cobb County would be the proper venue for the petition.See question