Have joint custody of my son the mother lied to police and stated I had just droped him off as well as I have a pic with her and she is carelessly playing with a gun with my son between her leg.
You are talking about 2 separate issues, contempt and change of custody. Your question is very hard to understand. Can you provide more information? You would get a better response from the lawyers if they knew what your situation was.
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If the mother is not allowing you to have your court ordered visitation, you would file a petition for contempt. If you think you have grounds for a change of custody, you file a petition for modification of custody. If you live in Fulton county, since this question is coming from Atlanta, they have forms online for pro se litigants. However, I would suggest that you hire an attorney for either of these actions. In fulton county you will have multiple status conferences, there is a seminar you must attend, certain documents are required for you to file as well. It is difficult to handle a case in fulton county superior court on your own without an attorney.
It is not clear from your question what the mother has done that is in contempt of your custody/visitation order, but if that is the case, you would file a motion for contempt in the county where the order was granted. If there has been a significant change of circumstance since the order was granted such that it would now be in the best interest of the child for custody to be changed to you, you would file a Petition for Modification of Custody in the County where the mother lives. As Ms. Colwell has stated, basic forms are available on line. However, as you have already been cautioned, custody battles are a minefield under the best of circumstances. In your case, you are going against a party who apparently has no problems lying to the police. You would need to be prepared for just about anything in court. The best way to do that is to hire an attorney.
If the mother of your son is violating the order as it relates to you custody and parenting time rights, then you have the right to file what's called a petition for contempt alleging that the mother is not complying with her court ordered obligations as it relates to your son. In order to seek a modification of custody, either awarding you primary physical custody or sole custody, then you must have a substantial change in circumstances negatively affecting your child such that it is in the child's best interest for a modification of custody to be awarded. I highly recommend that you meet with an experienced family law attorney so that he/she can obtain all of the specifics about your matter and advise you in detail concerning the merit of your claims and how to move forward with filing any action that may be necessary. Hope this helps and good luck!
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