I have a contempt / child election / motion for default pending. My x wife has no permanent residence, and is unemployed. She has no means to support my child and I have had him for most of the summer. Does this qualify as a emergency situation in...
1. The Court cannot find someone in contempt absent due process - notice and an opportunity to be heard. It's not clear from your post whether she has been served and noticed for a hearing.
2. Her abandonment of her physical custody rights will support the legal burden in your modification of custody case, which requires you to demonstrate that there has been a material change in circumstances affecting the health and welfare of the child and that it is in the child's best interest that custody be modified to you, but you still have to demonstrate the legal burden before a change of custody is made.
3. An election by a child the age of 14 (or older) is presumptive, not controlling. The Court must still find that it is in the child's best interest that custody be awarded to you.
4. The courts typically consider an "emergency" something that puts the child at risk of harm to life or limb. If school is about to start and you need to be able to enroll the child and cannot under the current order, or if you cannot make medical decisions under the current order, particularly if your child needs medical attention, then it seems reasonable to request an expedited hearing prior to the start of school.See question
He just wants custody so he want pay child support
If father files a petition to legitimate and seeking custody, the court must first consider the issue of legitimation. If the Court finds that the father has not abandoned his opportunity interest and that it is in the child's best interest that the legitimation be granted, then the question becomes whether it is in the child's best interest to be placed in the custody of the mother or the father. And making that determination, the court may consider a host of factors outlined in the Georgia Code (OCGA 19-9–3), as well as any other factor that the Court finds in the child's best interest. The court cannot legitimate a child on a "temporary basis;" however, if the legitimation is consented to and an order entered during the proceedings granting legitimation, the Court can then make a temporary award at visitation or custody to either parent. However, until such time as the court grants the legitimation, the only person entitled to custody of the child is the mother.See question
My son has a juvenile case and we also have a family court case going on as well can the Judge set for both cases or would that be a conflict of interest
Not a conflict. One family, one Judge.See question
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