Legal Question in Family Law in Georgia
may 15 2001 Judge issued final decree of divorce joint custody. Physical custody awarded to
mother. Since that time She has never complied with parenting plan. Has forced our daughter
to tell me anything about day to day events or problems concerning herself. I am speaking only
of things concerning my child's life. The reason for this stems from an incident which involved a
physical confrontation between the mother and her boyfriend in which the mother was pushed
into my child with both of them landing in hedges. I confronted the mother with this information
and from that moment until this day my daughter has went through some difficult times that I
only have knowledge of second hand. I have tried many times but my child seems very distressed when I do. Also the mother has done a great deal to harm our close relationship categorizing
men in general as being of little use. My daughter and i have only visited three or for times
since dec 2008 going more than 14months between 2010 . She went through quite alot during that time including involvement with drugs in which she told me she was attending counseling .She also informed me that she Had been in a relationship with another female classmate.
That her mother had been diagnosed with bipolar and was on medication. I was also told that the mother had recently completed a six month rehab for meth addiction . I live about 30miles away and have attempted contact with my child numerous times during then and now and find it hard to be viewed of any parental role as her mother has not allowed my impute as my daughter puts it Her" mother is always been there for her". I recently learned that my daughter and her girlfriend spend most weekends together at my ex wife's home. I was ask to give permission to allow my daughter to obtain a passport in jan 2011 in order for my daughter to go to Mexico with her school to preform in a recital I agreed . My daughter informed me after she received her passport that she had been invited to go to Porto Rico with a classmate who had family there no contact and no consent was requested from her mother and I was not told any details about the trip except the namesake. As far as myself i am currently a deadbeat dad I Have been informed that I am 78,000 in back child support . That figure Is not correct but child support claims I haven't paid anything since 2004 I haven't been able to get a modification on my child support although I had tried I can't seem to get a application through and I have lost any hope of a life I was put in jail dec 2010 and now have a court date of may 17 and no job I paid 6000 last year and Have no money so I know they will send me to jail . I lost a nice home and a business dew to the divorce and taxes and have lost the ability to handle this. I had been able to work an agreement with my ex in 2008 that when i received what was left after the foreclosure of my home and business . She had put a child support claim in 2006 with fcs in which she went in and dropped. I paid her approx 15000. in 2008 And in 2009 she reopened the case or a new case She told me twice that she informed fcs of the payments . However fcs doesn't show any payment since 2005 .
I payed my ex in cash because I thought she had shown me the trust when we made the agreement. And yes i realize my gross stupidity in all of this . I am in need of mental help but have come to the point that i find it hard just to go outside.
I do have a question about the divorce decree that seems to indicate wrong doing by the
Judge and clerk of courts. I Went to Douglas co Ga to review the file and in it i found that there was no file for my ex wife as i remembered her saying that she hadn't bothered with attending the parenting class. I ask to view the documents and ask for a copy . I t seems that on june 5 they filed one original certificate of completion in my name and on the next day they filed a second original of the same document. It seems to me that unless someone were to review the file with out inspecting the contents that we both completed the class and the
judge signed off so. Can I assume that fraud has been commented I called the clerk and ask if copies were admitted and she said that only originals could be filed. Also Would administrative law apply and this case be retried or because the time has been 10yrs that They were able to hide this to the point that they are no longer liable. And i also would ask if fcs has a support claim dismissed by the custodial parent in in which said client did not receive tanif or other support from state could open anther case but could no longer ask for back child support. And last and most importantly I am must fearful that if my daughter isn't removed from my ex wife that she is in great peril. I want to report this to dfc as I fear that abuse is ongoing and I suspect that Drug use still continues as when I last spoke to my ex she seemed to speaking very eradicate first willing to consider some arrangement and then changing the subject about talking to her bank and hanging the phone up as if an argument had just occurred. I thank you for any guidance. I have no money for attorney . And I know once i am there I will be forgotten . I was not allowed to access law library last time they would only allow me to request the information i wanted and then send things like criminal law
1 Answer from Attorneys
No, you can't reopen the case for the reason you stated (copies of the class certificates are filed all the time - that's common - and even the failure to file one does not make a decree invalid).
Since you can go to jail for teh unpaid support, catch that up before you complain about anything else. It would be very foolish to go into court complaining about violations when you are so massively in violation. It also will look very strange that you waited years to complain. Additionally, if you attempt it without counsel, you are likely to see a catastrophe -most judges, teading what you posted, would probably put you in jail. (If you feel the child is in danger, you can make a report to DFCS, but be aware that it is highly unlikely a judge would give a child to a parent who was so hopelessly in arrears in support).
Focus on your compliance. When you finally comply, then consider seeing an attorney to address problems as to the child.
One final word - if you really want to guarantee that the judge will jail you for child support, keep talking about "wrong doing" by the judge and clerk. Nothing that you stated in your post was unusual as to the class and none of that affects support or the present situation whatsoever.