Legal Question in Family Law in Georgia

Adultery charged but seemingly not proven

My attorney notified me that a temporary custody hearing was set for April 13th of this year. My husband filed for divorce on 11/3/97 charging me with adultery. I get to the court house and the judge decides that this is NOT a temporary hearing, that this is the final hearing on custody (only contested issue between myself/spouse) and then proceeds to hear the spouse's counsel lambast me for using the Internet to have an adulterous affair. There was a surveillance report turned in as an affidavit that indicated I was seen with another man in my car and that another man was seen in my apt. after my husband forced me out of my home. There were numerous flaws (incorrect dates/erroneous addresses) on this report that I (thanks to the incompetent counsel I hired)had to point out last 45 minutes on the stand. By the time I got up to testify, this judge had made up his mind. He ADMITTED emails and chat room conversations off the Net as evidence despite my attorney's protests. Now I thought that even in civil cases, charges made had to be proven. My husband was awarded sole and permanent custody of my daughter. What legal recourse do I have?


Asked on 4/24/98, 9:39 pm

1 Answer from Attorneys
Michael Flinn Law Offices of T. Michael Flinn

Adultery not enough alone

When was your hearing? What county was it takrn down by a court reprter did your attorney object to the case being a finalhearing. how long had it been open. had you attended the children of difvorcing parents classYou should immediately hire competent counsel to either file a motion ofr neew trial or appeal, or request reconsideration you could also attempt to do a joint custody agreement

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Answered on 5/15/98, 8:59 am


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