Wife claims I lost interest in marriage and claiming she doesn't not feel safe in the apartment. I gave her not reason to leave and her leaving was premeditated. She planned her departure months before she left in November 2016. I believe she i...
1. Thank you for your service.
2. Retain Counsel- don't navigate a divorce and custody case on your own.
3. The parties can agree to opt out of a 30-Day Status Conference, if done so properly and timely (filing a Joint Compliance Certificate, Joint Compliance Worksheet, complying with the Family Division Rules re same).
4. Not showing up means you open yourself up to various consequences, including, for example, in the absence of a 1000-4 Request, the entry of a Temporary Order that gives her exclusive possession of your home, temporary physical and legal custody, maybe temporary alimony ... or maybe the 30 day gets reset, but you take a risk.
I know this response probably doesn't make much sense - that's why you need a domestic relations (family law) attorney.
Best of luck to you -
I have screenshots of messages and Facebook post from the father's girlfriend and wanted to use them in court. I read several cases and some judges threw them out because the other person could proof that it came from the girlfriends page and som...
If properly introduced, authenticated, relevant, and if it does not contain hearsay (unless the statement meets with a hearsay exception or is not offered for the truth of the matter asserted), then yes, it can be admitted.See question
My husband filed for a divorce, we no longer want to go through with it. I just got served the papers two weeks ago and have not even submitted an answer yet. Both he and I are under a restraining order keeping us from moving out of the county, no...
He can dismiss the divorce action by filing a voluntary Dismissal. Doing nothing might (operative word) result in the case being placed on a peremptory calendar and might (operative word) result in the case being dismissed if no one appears to respond at the calendar call. If he really does not want a divorce, relying on "might" is a mistake. He should speak to an attorney about what he really wants and what his next steps should be.See question
Had custody case heard Feb 28. Mother failed an in court hair follicle test for amphetamines, methamphetamine, marijuana, and opiates. Judge granted me, father, joint legal, equal visitation, but left mother primary with child support. Mother resi...
If you feel your child is at immediate risk of harm, you have some options that you should discuss with your attorney:
1. You can call the police (who can minimally do a safety check and depending on what they find, they may make a report to Child Protective Services);
2. You can make a report to the Department of Family and Children Services and they can investigate and may file file a complaint if they believe the child is in danger;
3. You can file a private dependency petition in juvenile court (and get a 72 hour preliminary protective hearing);
4. If the matter is still pending in Superior Court (if the Final Order has not been entered), then you can file an emergency motion in light of this new criminal charge and mother's continued drug use (and if the assigned judge is out for the rest of the month, request that the presiding judge hear it if whomever is hearing cases in the assigned judge's absence);
5. You can file a motion for reconsideration of the Court's Final Order (if the Court made an oral pronouncement but has not yet sent out a written order, the judge may still set the matter down for a hearing based on the new evidence).
Let your attorney know that you do not feel like he or she is being responsive or advocating for you in a way that suggests to you that he or she understands your urgent concerns for your child. Maybe the attorney will respond such that you'll realize your perception was incorrect. If not, maybe you can get on the same page. If you do not feel comfortable continuing with your attorney after the conversation, then you might seek different representation. There needs to be a level of trust in attorney-client relationships.See question
Legitimation was denied and We were told that this can be appealed within 30 days . The findings of fact were not true stating father had abandoned right to make a connection with child, when he had supervised visitations that were through the cou...
The grant of legitimation is based on a showing that the father has 1) not abandoned his opportunity interest and 2) that it is in the child's best interest that the legitimation be granted.
If the father truly has been visiting consistently and has supported the child as you indicate, and if the facts and evidence supported those claims at trial, then it begs the question of why the legitimation was denied.
To glean some insight into the viability of an appeal, you should bring to an attorney a copy of the Court's Final Order, any trial transcript, and the evidence admitted at trial.See question
Our order was signed off in Nov. 2016 he has his rights but I have sole custody he's allowed (phase 1) supervised visits 2nd and 4th Saturday or Sunday 3-5 at my house for 12 months. (Phase 2) 2nd and 4th Saturday or Sunday visits from 3-5. He has...
The right of a non-custodial parent to visit his or her child under a Court Order is just that - a right, not an obligation. While you'd hope that parents bringing children into the world would want to spend time with them, they cannot be held in contempt for not doing so, for not exercising their visitation, but it may suggest that a modification of the current parenting time arrangement needs to be made.
You should speak to an attorney about the reasons you understand the father is not visiting and whether it would be wise to modify the current PPO so that, for example, any supervised visits would be with a professional agency or in a public place, not in your home, and/or that any unsupervised parenting time exchange take place at the child's daycare or school to avoid conflict between the parents in the child's presence.See question
I want to see my kids and I do have a court-ordered schedule for when I can have my time with them but circumstances sometimes make it where I cannot see them on my scheduled days. She told me she would work with my schedule while we were in court...
Visitation is a right, not an obligation. Perhaps it should be, as it hurts children when they do not get to spend meaningful time with both parents (when I say that, the presumption is that the parents are fit and loving parents who would not otherwise put the children at risk). If you are unable to exercise your court-ordered time, and the mother is not willing to be flexible or accommodating, then you should speak to a local attorney about seeking appropriate legal relief (e.g. a modification of parenting time or custody).See question
Before and at our final hearing and my attorney assures me that other side has had nothing to prove against me, moving forward after four years of useless litigation as the petitioner. Our GAL ( attorney appointed ) made it very clear to my attorn...
A guardian ad litem (GAL) is appointed by the Court, not by attorneys (although they may consent to the appointment).
The GAL functions as an investigative agent, an "arm" of the Court. Her raison d’etre in custody and dependency cases is to protect the interests of the children at issue. She does this by conducting an investigation and making recommendations to the Court about what parenting time and custody arrangement would be in the child's best interest, as well as what, if any, special parenting time parameters would be in the child's best interest.
The GAL is charged with providing the Court with unbiased, relevant information to assist the Court in making its determination about custody and parenting time. By "unbiased," I mean with respect to the parents only. The GAL is going to be "biased" in favor of the child inasmuch as her concern and advocacy is for that which is in the child's best interest. She is not concerned with the needs or interests of the child's parents.
Some of your comments suggest that you had an action in Juvenile Court, a dependency action. I say that because you note the "attorney ad litem," which is the manner in which GAL's are often referred to in Juvenile Court, and you referred to "reunification," which is a goal of the Juvenile Court in dependency actions, when the facts and the evidence support reunification. Sometimes in Juvenile Court, you have an attorney who operates in the dual role of GAL and a Child Advocate (CA), although at other times (e.g. when there is a legal conflict between the roles) you have a separate CA and GAL.
The distinction between the role of the GAL and Child Advocate is a distinction with a difference. A child advocate attorney is appointed to represent the child, is client-directed, and is ethically bound to advocate for what the child wants (even if contrary to his or her best interest), while a GAL is duty-bound to advocate for the best interests of the child (even if diametrically opposed to what the child wants).
The GAL holds a position of trust with respect to the minor child at issue and is required to exercise due diligence in the performance of her duties under both the Uniform Superior Court Rules and the Juvenile Code. If you and your attorney did not feel that the GAL was acting in accordance with her duties, then you had the ability to request that the GAL be removed from her role (for which, of course, you would need a good faith basis). It does not appear that you did so, or if you did, then ostensibly the Motion was not successful.
The Court does not have to agree with the GAL's recommendations or to adopt them. If the Court did not reunify, then you did not meet your legal burden (the evidence either did not support reunification) or perhaps the Court made a decision that was contrary to the evidence (in which case you would have had the right to seek post judgment relief).
Judges in Juvenile Court, in my experience and estimation, are not concerned with being punitive against parents who have made mistakes. There are no perfect parents. There are parents who are willing and able to learn from their mistakes, and those who are not. There are parents who follow case plans and successfully complete them, and those who do not. Judges (in both Superior and Juvenile Court), as it pertains to matters of custody and dependency, are first and foremost concerned with the well being of the children at interest, not with punishing parents for bad behavior or poor choices.See question
My ex husband lied left and right in his testimony in court during divorce proceedings about several issues he alleges prove my mental instability, and these hurt both my reputation and hurt my custody rights in the final decree. My lawyer failed...
You will be wasting your time. If the Court found his testimony credible, such that it was the basis of an award of custody, or if it helped inform the court's decision, how would the state demonstrate that he "perjured" himself? The state typically does not prosecute perjury cases in any event, and perjury, unless the law has changed in recent years, is not a civil action in Georgia.See question
we have a child custody order and she goes every other weeks end
If you genuinely believe that your child is at immediate risk of harm of life or limb, call 911, not a lawyer.
If you believe your child is at long term risk of harm, but not imminent danger, call a lawyer and make an appointment to provide a history and to find out if it would be appropriate to file a petition for modification of parenting time - and if so, whether it would be wise to request that visitation be suspended, take place in a supervised setting, in a therapeutic setting, on a graduated basis, with random drug screens, or whatever parameters might be appropriate.See question