Georgia Child Custody Legal Questions

Assuming that the temporary guardianship that you refer to was properly granted in the Probate Court, under our law you have the right at any time to petition the Probate Court to terminate the temporary guardianship. If notice is properly served upon the temporary guardian, the temporary guardian must file an objection within ten (10) days. If no objection to the termination is filed by the temporary guardian within ten (10) days of the notice, the court must order the termination of the temporary guardianship. If the temporary guardian objects to the termination of the temporary guardianship within ten (10) days of the notice, the Probate Court has the option to hold a hearing regarding the objection or the Probate Court can transfer the records relating to the temporary guardianship to the appropriate Juvenile Court. The Juvenile Court must then determine, after notice to all parties and a hearing, whether a continuation or termination of the temporary guardianship is in the best interests of the child. You best course of action is to employ the services of a competent and experienced family law attorney and follow his advice.... Read Answer

You begin the process by employing a competent and experienced family law attorney to represent you. The effort necessary to do that now will save money, time, and heartache in the future. As regards your custody issues, the Court must comply with the request of the older child, if the the Court finds that choice is in the best interests of the child. The Court must listen to the wishes of the 12 year old, but the judge is not bound by that choice. He must likewise find that the choice is in the best interests of the child. These decisions ultimately affect the determination of the child support obligation of the parties.... Read Answer

If the second matter involving child support was a handled properly, the existence of the first child support order should have been considered in determining the amount of the child support in the second order. You should take this matter up with the lawyer who represented you in the second case.... Read Answer

In order to ask the court for custody when you are still legally married, you must first file for divorce.  Once you file for divorce, the court has authority to grant temporary sole custody in emergency situations or to order another custody arrangement that is in the best interest of the children. Shalamar J. Parham Atlanta Divorce Attorney... Read Answer

Assets such as savings accounts and vested pension benefits acquired during a marriage can be marital property subject to equitable division. The method and nature of the division depends upon the facts of each case, It is very important that you employ competent and experienced counsel to advise you on this issue.... Read Answer

On the surface, it sounds like you have a good case, but you will have to take steps to confirm what his soon to be ex-wife is saying. I have handled many cases like this where the soon-to-be-ex was flat out lying to gain an advantage in her divorce. The second item that you will need to deal with is where to file your modification action. Your situation involves the UCCJEA, or Uniform Child Custody and Jurisdiction Enforcement Act. If your divorce was granted in Georgia, you will have to file in Georgia. If your divorce was granted in Michigan and you never left, then Michigan should have retained continuing exclusive jurisdiction, unless there was a modification in some other state that took over jurisdiction. If your action does belong in Michigan, you will have the practical problems of getting your witnesses to Court to testify on your behalf because he has been living in Georgia. Before you do anything, I would suggest that you contact an experienced child custody lawyer to discuss your situation in greater detail. Even if you plan on handling your case pro se (on your own), you should, at a minimum, consult with a lawyer.... Read Answer

In Georgia, you only have to wait thirty-one (31) days if you have filed for divorce on the basis that your marriage is irretrievably broken. If you and your Husband have children together, you will both have to take the co-parenting classes. It is a requirement in order to get divorced. There are rare occasions when a party does not have to take the course in order for the divorce to be granted. If there are no children born during the marriage between the parties, there is no requirement to take this class.... Read Answer

Generally, Georgia courts do not get involved with custody issues between married parties unless there is a family violence or divorce case pending.  You should consult with an experienced divorce attorney about filing for divorce and pursuing custody of your child.  Good luck to you. Shalamar J. Parham Atlanta Divorce Attorney... Read Answer

You should repost your question under the Oklahoma option so that an Oklahoma attorney can advise you of the laws there.  If your child is in Oklahoma, you will need to contest the issue there. The laws of Georgia would not apply to your case. Good luck to you. Shalamar J. Parham Atlanta Divorce Attorney... Read Answer

When a parent wants to change custody of their child(ren), they can petition the court for a change of custody.  Based on the brief facts that you have presented, you should consult with an experienced family law attorney because of the complexity of the case. Shalamar J. Parham Atlanta Divorce and Family Law Attorney... Read Answer