Proving a lie will obviously hurt her credibility on other issues.
Answering specific questions about overnights and custody are too fact-sensitive to answer in this forum.
Robert Ricci, Jr., Esq.
1743 St. Georges Avenue
Rahway, NJ 07065
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
You don't say what your current order provides re your ex's visitation rights, or which court granted the ex parte order, and both of those things matter when it comes to custody decisions. Some other things that matter: the age of the child (by age 11, they get some input on the decision; by age 14, they have a presumptive right to decide who to live with), what role the other parent has played in the child's life, and generally what is in the best interest of the child.
Georgia law specifically says that mothers do not have any more right to a child than fathers do.
If your ex is trying to modify the current custody arrangement, she will have to prove to the court that (a) there has been a material change in circumstances since the original custody order was issued; and (b) the change is in the best interest of the child. Obviously, filing blatant lies under oath will damage her credibility.
You might want to lawyer up if you think it's dangerous for your child to visit with your ex, and you plan to deny visitation. I practice in Atlanta, and would be happy to help you.
Christie Ayotte, Attorney at Law
I am not your attorney and we do not have an attorney-client relationship. This answer is based only on the information you provided; new facts not shared here could change the answer. Relying only on the internet for legal information, while convenient, can have disastrous consequences.
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