Legal Question in Family Law in Georgia

Child Custody in Georgia

My ex-wife and I have been divorced for 6 years with joint custody. 2 years ago she signed over guardianship to her mother. I am trying to get my kids to live with me now and the grandmother (which has legal guardianship) has no problem with it. I need to know if the grandmother and I need my ex-wife's consent. If not, what steps do I need to take to get this accomplished?


Asked on 3/06/09, 10:45 am

3 Answers from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Child Custody in Georgia

Generally , you need to go back and change the original divorce decree/final order. The standard for the change is "best interest of the children." Mom could contest it but since the she has not had the children for two years this would work against her. There are so many critical facts that you really need to sit down with an attorney see what legal options you have.

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Answered on 3/06/09, 11:40 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Child Custody in Georgia

This is a little bit complicated. Probably you should get both the mother's and the grandmother's consent, but it needs to be done correctly. Consult with a local attorney.

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Answered on 3/06/09, 11:48 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Child Custody in Georgia

You either need the ex-wife's consent or to get a judge to do it over her objection. Either way you need legal counsel, as a change of custody is not a routine proceeding.

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Answered on 3/06/09, 4:13 pm


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