Legal Question in Family Law in Georgia

Re: Appealing a custody change decision

It sounds as if you will have continuing issues with the mother. Anyone can appeal a decision. However, it is very difficult to overturn a Judge's ruling and so I do not believe you have anything to worry about. It is also expensive to appeal so the mother may not pursue that avenue.

As to involving the child, I would document everything, dates, what was said, etc. At some point your husband may need to file a contempt action. It may also be a good idea to get the child some counseling with a child psychologist. It is sometimes difficult to get children's statements into evidence and, of course, the mother is going to deny involving the child. In court it then becomes a "he said"/"she said" situation. A psychologist could have input, especially if the mother's behavior is causing emotional issues for the child.

Best of luck in dealing with this situation. Of course, the child is the focus and helping him to settle in and be secure is important. Unfortunately, the mother seems to be more involved in the battle than what is best for the child.

Re: Appealing a custody change decision

We have just received permanent legal and physical custody of my husband's son. We have already had the temporary hearing and was originally ordered temporary custody. We had the permanet hearing yesterday and got permanent custody. I actually have two questions for you. The first is: The Mother of the child called him today and told him that she was going to appeal the decision to a higher court. Can she do that and if so what are our options?

Yes, she can appeal, as can any party to any case.

Can she have the case moved to a different Judge or court system since she moved to Washington State?

No.

The second question is: The Judge ordered that neither party or their families will harass or say derogatory remarks to the child or the other party and their family. Nor will they discuss the case in any way with the minor child. If either of the parties or their families do either of these things they will be held in contempt (plantiff or defendant). The Mother and stepfather of the child have both already told the child that he will never see them again because his Father won't let him.

Yes, a petition for contempt is appropriate.

The Mother told him that the Baliff told her he said he wanted me to be his Mommy and asked him if he said that.

If you have a hearing, subpoena the bailiff to court for the hearing.

What should we do?

File for contempt.

Would it be smart to go ahead and have them arrested?

No. You might open yourself up to a false arrest lawsuit. If the judge finds him in contempt, he will order him/her to be arrested.