QUESTION
what does it mean when a lawyer wants to file a counter claim in a custody case for modification ofchild support
Asked on Oct 09th, 2013 on Family Law - Georgia
More details to this question:
my sons dad out of spite took me to court for custody of our 1 year old son because i placed him on child support. I obtained a legal aide lawyer & we've so far since july have had 2 court hearings. The father is asking for legitimation, signing of birth certificate, change of childs last,etc. in which i agree with. Since the birth of my son he has wished death on him(my son) bruised my son so i dont allow him to see him outside of my presence so i suggested he take parenting classes & have supervised visitations until further notice. Since our 1st court appearance the father has not cooperated with any responses to my lawyer, has also turned down setting up supervised visits, has failed to provide any documents compelled by the judge to my lawyer but claims he wants to be apart of the childs life but has made no efforts in showing that. he's a registered sex offender, but b/c his case involved a minor female and not male my lawyer says he may not be seen as a threat is the case weak?
1 ANSWER
Family Law Attorney serving Macon, GA
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M. Todd Hampton, P.C.
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It is not clear from your post exactly what you're asking. It is common for a lawyer to suggest filing a counterclaim in a custody action. That way, when you go to court, both parties can ask for complete relief, that is, they can both ask for custody or child support or whatever other issues there are. As for the specific facts of your case, I can't offer any further advice since I don't know all the facts. You should make sure your lawyer knows all the facts you've written here, and that the judge is made aware of them as well. All facts and circumstances will be taken into consideration in making a decision on custody and visitation.
Answered on Oct 14th, 2013 at 4:00 PM