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Visitation/Unsupervised visits

Atlanta, GA |

I went to court in December 2012 for a child custody modification. I was told that it was in the best interest of my child to remain in the custody of my mother by family court. My child has been in the custody of my mother since 2007 court ordered. I was told by a legal professional that I have to right to sue because I was never granted any visitation rights by the court. None whatsoever. Do I have a case in federal court? I know you will tell me that I need consult with a lawyer but do I have a case and under what grounds?

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In addition to what Mr. Ashman says, if you can show a change in your circumstances, you can file another modification to try and get custody or visitation. This time, however, get a lawyer and give yourself a chance.

The above information is general in nature. In order to obtain more specific legal advice upon which to base your important decisions, you should consult with an attorney in person and retain one of your choosing. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP Website: or EMAIL: PHONE: (770) 307-4899 or (770) 538-0555 OFFICES: 53 W. Candler St. Winder, Ga. 30680 106 Washington Street Jefferson, Ga. 30549 718 Oak St. Gainesville, Georgia serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


Federal courts don't hear custody cases. If you lost your apparently pro se case in December, your remedy was to file, within 30 days, either a motion for new trial or an appeal. If you sat back and didn't do that, that's your own fault, as those deadlines are absolute.

ATTORNEY GLEN ASHMAN 404-768-3509 . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.



Yes. I have filed an appeal.


No matter what you choose to do, keep in mind that the standard the courts use in determining child custody isn't going to change. If you want to petition to modify custody, you must be realistic about your circumstances and the factors a court uses in determining what's in a child's best interest. Considering the decision the Court made in Dec. 2012, it seems you are fighting an uphill battle. Your best course of action would be to take the time to speak with some experienced family law attorneys to get an accurate picture of what you are dealing with and to determine if moving forward on such an action would be worth your time and expense.

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