Legal Question in Family Law in Georgia
Amending Child Custody Arrangement
I have been divorced for a year and a half; have two children, 7 & 14, exhusband and i share physical custody from week to week, 14 year old has chosen to live with me full time now, i started the divorce proceedings b/c exhusband was emotionally and verbally abusive; i gave joint physical custody to give him the benefit of doubt that he would change; he has not; he has pushed the 14 year old a couple of times and argues a lot; he has anger and temper problems; he is still emotionally and verbally abusive; i have witnesses to attest to this; i am worried about my 7 year old; don't want the 7 year old to think that it is okay to be this way; don't want the 7 yr old to grow up to be emotionally & verbally abusive to anyone else; i also believe that it would be better for him to have a stable & structured home environment every week; i am the primary custodian (the mother) and would like to amend the custody arrangement where i have full physical custody of both children. Any advice on how to complete this task. What do i need to do in order to show the courts of exhusbands emotional and verbal abuse?
3 Answers from Attorneys
Re: Amending Child Custody Arrangement
You need to move to modify the custody agreement. In summary, the court will hear arguments from both sides (assuming your ex-husband contests the motion) and decide on the motion.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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Re: Amending Child Custody Arrangement
Under Georgia law, a 14 year old has the right to elect which parent he or she wishes to reside with. A modification of custody will need to be filed requesting a change of physical custody for both children. Judges typically do not like splitting up children. This, as well as the emotional issues the children are being subjected to, could probably help change custody of the 7 year old as well. I would not attempt a change of custody without an attorney.
Re: Amending Child Custody Arrangement
I agree with the other responses. If you give me a call I'll be happy to help you. My contact information is below.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Confidentiality Notice This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
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