Georgia Child Custody Legal Questions

You must file to have the children legitimized. In Georgia a father have children born out of wedlock have very few legal rights. Once you have completed the legitimization process as part of that paper work you can ask for custody or visitation. Use the lawyers.com "find a lawyer" link to find an attorney local to you.... Read Answer

All parties, including the mother need to get together and look at the divorce decree. There may be language in there that gives you the flexibility to send her down there without needing to refile. However, absent some language to that affect, the father will need to file a modification of custody. In Georgia a child at 14 can make a decision as to which parent they want to live with, but that decision is not automatic. It must be reviewed and approved by the court.... Read Answer

In order for a parent to modify child custody, the parent must petition the court for a change of custody.  The child has a presumptive right to choose which parent he/she wants to live with if the child is 14 or older.   I strongly encourage you to consult with a family law attorney because child custody rights are very fact specific and it is impossible specifically address your question on this forum.  Our firm handles child custody matters so feel free to contact us. Shalamar J. Parham Atlanta Divorce and Family Law Attorney... Read Answer

When there is a material change of circumstances, one can petition the court for a change of custody or one can petition the court for a change of visitation once every two years.  If a party is willfully violating a court order then that person can also be found in contempt. I highly advise that you retain a family law attorney due to the brief facts presented in your question. Shalamar J. Parham Atlanta Divorce and Family Law Attorney... Read Answer

In most cases in Georgia if the amount of time that the parties have the children is considered when child support obligation is fixed under the guidelines, there would have to be some change in the income or financial status of either party or the needs of the children that would warrant a modification. Also, the court would have to find that the modification is in the best interests of the children.... Read Answer

In most jurisdictions, just alleging that a judge may have some prior acquaintance and contact with a party is not sufficient to sustain a motion for recusal. As a practical matter you have to be able to show some direct impact or prejudice created by the contact. If the relationship is close enough, most judges will voluntarily recuse themselves in these types of situations. Talk with your lawyer about this and follow his advice.... Read Answer

In a contempt action concerning the failure of a party to comply with a judgment or other order of a court, the issues are generally as follows: 1) Whether there has been a failure to comply with the order or judgment in question; if not, the respondent is not guilty of contempt; 2) Whether the failure to comply was willful or without justification; if not, the respondent is not guilty of contempt; 3) If the failure to comply was willful, a determination of the amount owed to the movant and how it is to be repaid; and 4) If the respondent refuses to repay the amount declared to be due, what sanctions should be applied. If the Court determines that it should apply sanctions, the offending party may be placed in the jail. The Court may order that the respondent stay there until the amount is paid in full, until a specific portion of the amount owed is paid, until the offending party takes certain action, or for a specified period. The Court may also impose such other penalties as he sees fit.... Read Answer

Each case must be evaluated on its own merits. In Georgia in most cases the person bringing the action must show a substantial increase or decrease in the income or financial status or either former spouse or in the needs of the child. It may be possible to argue that an increase in a former spouse's financial status may be shown by the remarriage of that former spouse and the contributions made by the new spouse to pay household expenses and debts, even if the former spouse's income has not increased. Income and financial status are not the same thing.... Read Answer

You can ask the Court to modify your ex-husband's visitation rights by prohibiting him from removing the children from the State. You must be able to prove the allegations that you are making and the Court must find that it is in the best interests of the children to do limit the visitation.... Read Answer

A non-custodial parent has the right to call the police whenever there is an issue with visitation.  In some circumstances it is highly advisable.  Most of time, the police officers will not get involved or write a formal police report but the call to the police department will be logged by the 911 communications center.  This helps to create a paper trail for the parent to assist in any contempt or change of custody matters pending or that may be filed later with the court. Shalamar J. Parham Atlanta Divorce and Family Law Attorney... Read Answer