I lost my job and I am behind on support. My daughter is out of control with mom and she can't control her anymore, can I obtain custody with being behind on support ?
If what you're asking is whether you can file a modification of custody action, the answer is yes; however, you would have to be able to prove the legal burden to prevail. You have demonstrate that since the entry of the original custody order, there has been a material change in circumstances affecting the health or welfare of your child and that it is in your child's best interest that custody be modified. I am not clear from the limited facts in your post as to whether they would support a finding that there has been a material change in circumstances affecting your child's health and welfare.
In determining best interest, the court may consider a host of relevant factors, including, but not limited to, your child's bond with each parent, each parent's willingness to foster a meaningful relationship between the child and her other parent, each parent's willingness and ability to continue the education and rearing of the child, each parent's ability to meet the child's daily and special needs, and each parent's financial circumstances. The fact that you are unemployed and unable to support your child will absolutely be a factor the court considers - but the court will also consider your ability to do so with the payment of child support from the other parent. That will only be one of multiple considerations should you be able to overcome the first prong of the legal burden (the material change alluded to above).
You should speak with an attorney in your area who regularly practices in family law.See question
If provided proof , his calling the other parent "a sorry excuse of a parent " constantly possible to bring to the courts attention of non co parenting and against court order parenting plan , along with many other possible contempt charges I ha...
It would be wise for you to bring a copy of your Decree and any incorporated Settlement Agreement and Parenting Plan Order to an attorney to review. It would be unusual for there not to be language proscribing the kind of alienating behaviors you've described. If there is, then her violation of any such provision(s) would be a basis for requesting citation for contempt.
You may, however, want to discuss with an attorney the propriety and viability of bringing a modification of visitation action in lieu of or in addition to a petition for contempt. If the goal is to keep the child or children from being exposed to an unhealthy and unsafe environment, and if the mother is exposing them to same in contravention to the Court׳s Decree, then it may be appropriate to request supervised parenting time. You do not state what the violations are, so it's not clear whether such a request would be advisable.
You should also ask any attorney with whom you meet whether it would be wise to request a GAL appointment, a psychological evaluation, or a custody evaluation, which may or may not be indicated by the circumstances in your case.See question
Currently residing in crisis shelter. No income no job. Need assistance with divorce due to domestic violence. We were residing in Whitfield county. Husband now resides in Gordon county. No children or property to fight over.
Call Georgia Legal Services for Georgia Mts and Conasauga Pro Bono Referrals
Recently I received a threat from a family member of my child's father, stating that they'll have him take me to court so that he can see his child. My issue is that I never kept him from his child, he abandoned his child. It was his choice not ...
It does not sound like he has abandoned the child financially. If he files a legitimation petition, he can ask for parenting time or custody. His legal burden under the law will be to show that it is in the child's best interest that he have custody or parenting time rights. There are a long list of factors that the court considers in determining what is the child's best interest. One of those factors is the willingness of each parent to foster a meaningful relationship between the child and his or her other parent. If he has asked to see and spend time with his child, and if you have ignored those requests, then that will not be well received by the court, unless you have done so because the father poses some kind of real danger to the child. You have not indicated that in your post, however. While you are the only parent currently entitled to custody and the father is not at this point entitled to any parenting time, the court still wants to know that a parent is going to make his or her child a priority and do what is best for the child, including fostering a relationship with his or her other parent.See question
My fiance wants to adopt my son. He is a little over a year old. The biological father has not seen him in almost a year. Though his name is on the birth certificate. Has not not giving any support to the child. And only saw him a few times right...
Congratulations on your impending nuptials. It's awesome that your fiancé wants to step up and be a father to your child, particularly if the biological father has abandoned him. If you can demonstrate that the biological father has, in fact, abandoned your child, by not seeing or supporting him for the last year as you've indicated, then that make the process a little easier as you will not need his consent to the adoption. You will have to get him properly served. This is a complicated process your fiancé would be wise to retain an attorney to represent him in the adoption. As the child's mother, you would also have to consent to the adoption, which consent the lawyer filing the adoption petition would be able to prepare. It would be wise to get married before proceeding with the adoption. It will be helpful if you have been together for a number of years, because a judge will be concerned if you haven't known each other long and have not demonstrated a long-term commitment to each other. If you end up not marrying or the marriage is not coming on the heels of a solid relationship, the court will be concerned that the child will end up losing a legal father who has not had time to establish a bond with him and who will also abandon him.See question
Have a court ordered, signed Separate Maintenance Agreement in GA with my spouse. As the order stipulates, our home was placed on the market at an agreed upon price. The order stipulates at closing, I receive 90k of the proceeds. An offer on the h...
We cannot answer without seeing the language of your court order. Did you have an obligation to agree to the listing price? Did you? Do either of you have the right to reject an offer below the listing price? Does the Order provide that in the event that the house is sold below listing price that it affects the division of the proceeds? There are too many unanswered questions. If you have a lawyer - whomever represented you in the separate maintenance action - you might call him or her. Otherwise, you should bring a copy of your Order to an attorney to discuss your rights and obligations thereunder.See question
Me and my Husbend have been split up for 15 months because he went to prison and I got a boyfriend well now he is out and says he can get me locked for adultry during our divorce because me and my boyfriend kissed in one picture but we have done n...
Adultery is still a crime but not prosecuted. Conduct is a factor the court considers in deciding division of assets and debts and in determining alimony, but it's one of many - and it sounds like he's had some lousy conduct himself, so you becoming emotionally involved with someone else after he engaged in a crime or crimes that landed him in prison for 15 months is not something that's likely to have a meaningful impact on your case.
Adultery can bar an award of alimony, but only if he can prove that you committed adultery and that it was the cause of the break up of your marriage. I suspect you would argue that him engaging in criminal conduct and going to jail was the cause of the break up of your marriage.
As for custody, the court is going to look at a long list of factors in determining what is in your child's best interest. That will include, but not be limited to, his bond with you and his father, his bond with any siblings in your home or step siblings, the support system that each parent has, each parents ability to provide a nurturing and loving home for him, each parents willingness and ability to continue his education and rearing and to meet his daily needs, whether there's a history of family violence or substance abuse with either of you, etc.
If you have not met with a lawyer to provide a family history, discuss the divorce procedure and all the issues that are determined in a divorce, you would be wise to do so.See question
My son has 2 boys, 5 & 3. The mother hasn't been in contact with the boys for 3 weeks. She has legal custody, automatic since they were not married. She has not contacted or seen the kids since Christmas. She never said anything and believed to ha...
First, if your son's children were born out of wedlock, if he never signed an acknowledgement of legitimation (before the law allowing children to be administratively legitimated was abrogated), if he never married the mother of his children and thereafter held the children out of his own, and if he never filed a petition with the Superior Court seeking to legitimate the children (that was granted), then his children are not his legal children under the law.
Second, the children's mother is the only person who currently has physical and legal custody of the children (in light of the fact that the children have not been legitimated and no custody or parenting time rights have been granted to your son).
Third, your son currently has no right to even visit with his children, except at the mothers will. He needs to file a petition for legitimation and custody.
In Georgia, we have "sole" physical custody, "joint" physical custody, "sole" legal custody, and "joint" legal custody. Physical custody has to do with where the children lay their head at night, so to speak - where they primarily reside. Legal custody has to do with access to medical an academic records and decision-making (the children's medical care and treatment, extracurricular activities, education, and religion). With respect to joint legal, there is an obligation to confer in good faith and typically a final decision maker in the event of a stalemate.
A father can "abandon" his opportunity interest to form a meaningful relationship with his children. It does not sound like your son has done that. His legal burden in legitimating is, in fact, to show that he has not abandoned his opportunity interest and that it is in the children's best interest that the legitimation be granted. As for custody, his legal burden similarly is to show that an award of custody to him would be in the children's best interest.
Your son does not have to show that the mother physically, emotionally, or financially abandoned the children in order to file his petition for legitimation. Demonstrating that the mother has not been there for the children will, however, help your son illustrate that it is in the children's best interest to be declared your his legal offspring and for him to be awarded custody of the children.See question
My spouse has been uncooperative in this whole Divorce. I have a lawyer and I feel as if they are not doing what is best for me. My spouse did not show up for court and is now not cooperating on taking the parenting class. I have already taken min...
If you are unhappy with your attorney, then you might try and speak to him or her about your concerns and see if you can get on the same page.
Make sure you are clear on the status of your case, and why your attorney made whatever choice you feel was made. This is your life, your family, your case - so ask questions. Be proactive.
Make clear that you want to be kept in the loop and part of the decision-making process. Your lawyer may have been trying to act as a matter of professional courtesy in wanting to put off trial for a few months (for example, maybe the other Atty has a medical leave of absence). Alternatively, it may be that there is still some outstanding discovery that is being completed. It may not be just about giving the other side a chance to do the parenting seminar. Ask.
If after having a heart-to-heart with her lawyer you are still dissatisfied or have a deficit of trust, then you can always retain new counsel.See question
The father is trying to get full custody of our son although he was charged with aggravated assault prior to the divorce issue occurring
A Rule Nisi is a request for a hearing. If this is divorce action, which I'm gathering from your use of the word "husband," then it is an original custody action and the legal burden is best interest.
In other words, in making a decision about custody, the Court's paramount concern being your child's wellbeing, the Judge will do a "19-9-3" analysis - consider a list of factors outlined in the Official Code of Georgia and their application to your case and then make a decision about what kind of custody and parenting time is in your child's best interest.
That said, if you are represented by an attorney, then you should be asking these questions of him or her, particularly if you're headed to trial.See question