Legal Question in Criminal Law in Georgia
Filed charges against my ex husband for punching my 14yr in the face and he admitted this in another county in court. What are my chances of getting the charges to stick and getting custody of my two young children?
2 Answers from Attorneys
Since no one here is familiar with the detailed facts (his criminal history, witnesses, which court, severity of injuries, language of current custody order, etc all affect the answer) there is no way to tell you the "chances" of anything.
You have two issues here - a criminal case which the state handles and thus is largely not in your control and a civil case you possibly can file. As to the latter, get a good lawyer to look at the details and determine how and when to proceed.
I cannot give you any idea of the percentages you face because I do not have enough information. However, I can share something that disturbs me in your question. I would estimate that 80% of my criminal clients come from a dysfunctional family. While you may think you are trying to avoid that, let me illustrate what you wrote in your question. First, the fourteen year old is your biological son and not your husband's correct? You wrote "my" son rather than "our" son. In your mind you are going to raise "your" son by yourself? I have not seen that trick done very much (95% of my client reside in a house without a father). While my wife and I may disagree about how to raise "our" two sons, they are "our" children. Second, you intend to use your 14 year old to testify against your husband, further driving a wedge between your son and the father that he will probably need to trust to answer many of life's questions (employmnet, marriage, etc) So, in your mind it is better to have no father figure for "your" son. How do you intend to discipline your son once you show him how the system will give him power over adults. Or maybe you will just blame the potential drug use or problems in school on the father who will be out of the picture (remember you put him out of the picture). Third, is the 14 year old one of "your young children"? I do not consider a 14 year old a young child. One, he can be charged with an adult crime. Two, he has been in the world (via school) long enough to know how things work. In 4 years he will be eligible to leave home, join the military and die for his country. Therefore, I do not consider him a young child. If the 14 year old is not one of your two young children, where do you intend for the 14 year old to reside. Is the 14 year old a discipline problem? If he is then the father may have had a good reason to strike "his" son. Your problem is not really how can I get my husband prosecuted, or how long can I get him to remain in jail. Your problem is really how am I going to get my children raised in a confusing society with no father. Note: I place no faith in your ability to select a different man to play father figure, because you originally picked this man that you now want jailed and cut off from your children. However, I wish you the best of luck.
Lawrence
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