Legal Question in Family Law in Georgia
I have been divorced over a year now and am remarried. I have shared custody of my twin sons with my ex and now that my sons have started pre school, it seems more difficult for them to adjust to the situation. My new husband would like to act as witness to my ex husband's inability to keep good hygiene for my sons since they come home smelling horrible and that is not something that I can provide physical proof of. My sons tell me that daddy's bathtub is all dirty and such and there was a time last year I went to the house to pick up my sons and he had trash piled all around the fireplace to burn and dirty dishes all over the place. There wasn't even a guard to the backdoors to prevent them from going into the backyard to the in ground pool. I tried to get pictures, but my ex's house is very dark, there was no way to tell in the pictures how nasty his house was, so I had to delete them. I have not been back since. I would like to petition for a change of custody so that I know my sons are getting the care they need, but am not sure how it will go in court. What are my chances of gaining full physical custody of them for the purpose of school?
2 Answers from Attorneys
No one can tell you odds or chances. However your chances of changing custody increase with counsel.
Based on the limited facts you provide it is impossible to determine the outcome. Changing custody is very difficult and the court will look at the best interest of the children. Maybe you should talk to your ex and visit/inspect more frequently.