Legal Question in Family Law in Georgia
I am going thru a custody case with my child father. Im pretty sure he will not win. Only thing is he has a lawyer. The judge appointed a Guardian Ad Litem, and the GAL has made a recomendation for my child to go spend time with her father in another state. When he had a visitation before didnt return her until a week later. My daughter father pops up once every year or two. So my question is the how do I file for an emergency hearing or appeal the recommendation from the GAL. Like I said the judge has not made a ruiling, and the case is not going in his favor and I dont think if he gets this visitation he will return her. I stay in Ga and he stays in Ca he is 8000 dollars behind in child support and I dont think he has the means to care for my child.
2 Answers from Attorneys
First, have you filed a contempt action against him for his failure to pay child support? You should do so immediately, if you have not already.
Second, if possible, retain an attorney. There will be several questions that arise during this case and up until the time your child reaches 18.
Third, don't rely on your own assessment of "I'm pretty sure he will not win" to guide your actions in the case. Again, an experienced lawyer should be able to provide you with a neutral honest assessment.
Fourth, unless the father is unfit or the child is too young to travel, there is likely to be some visitation in California. If the father extends the stay, you can call the police in California for a wellness check and return to court for a contempt and modification action.
One sentence says it all. You say he has a lawyer and you do not. That is almost a guarantee of a bad result. I cannot stress how much it matters to have counsel. Do NOT risk your child.
Additionally, have you done a contempt case yet? If not, why not? That is vital here.
It is almost impossible to appeal factual issues (like a GAL report). And judges are unlikely to call this an emergency. The fact that you have thought of two of the least likely strategies to help shows how badly you need a lawyer. You needed him yesterday. Hire one today.
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