Legal Question in Family Law in Georgia

Hi, I am in a situation that is a little complicated. I have legal joint custody of my 8 yo step grandson. I share that custody with his biological mother, My stepson is Justin's bio. dad. He lives in another state with his new family. He is in contact with his son and communicates with him on a regular basis. However, it is the mom I'm having the problem with. I have physical custody and have had for his whole life. The judge granted ncp liberal visitation. which is where the problems start. We have to meet at a halfway point (in the court order) unless we agree on an alternative. When we do that, she agrees to everything I suggest. Once she actually has him with her, everything changes....She changes the meeting times and location and when I don't agree with her. She just flat out says she's not coming. I live near East Point and she lives in Ellijay, hence the halfway mtg.point.

She is trying to say that since she didnt show up for our 'agreed upon' trade,I would be responsible for coming all the way to Elijay to pick up Justin. Am I? I showed up at our location and SHE wasn't there. Is the responsibilty mine to get him home 'no matter what'? We never had these problems before she got joint custody. Anyway, I hope I got the gist of my problem across. I really need an answer tonight if possible. Justin is still at her house and I need to know all of my options before I go there in the am.

Don't get me wrong, of course I will go and get him either way. I'm just tired of being jerked around, and she gets by with a lot of it because I try keep the peace for Justin's sake.


Asked on 1/18/10, 7:23 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since none of us have read the language of the order, there is no way to give you an answer, as the order itself is what matters. This is something you need to discuss with the lawyer who represented you in the case, or you need to get a lawyer to assist you now. (My office handles such matters and appears to be near you.)

If this a recurring problem, and the order has proper language to address it, a letter from a lawyer mandating the use (ALWAYS) of the specified meeting place may be the answer.

If the language creates an ongoing problem, it may necessary to seek modification of the order, although bear in mind that judges do not like refereeing visitation, and a petition could boomerang against the party who escalates things and files a case, as judges also want people to act reasonably to tone down such disputes.

Short term until you retain counsel, the only suggestion anyone can make is to go pick up the child. Regardless of what you do, keep a log of each problem so that if there later is a court case you will recall the details well enough to present a case.

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Answered on 1/23/10, 7:51 pm
Charles W. Field Charles W. Field, Attorney at Law

For the time being, everyone is stuck with the terms of the order that is in place. Consult with a local attorney about a Petition to Modify.

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Answered on 1/24/10, 3:00 am


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