Legal Question in Family Law in Georgia
Custody enforcement
I am active duty USMC. I have a daughter, 8yrs, who lives with her father in Ga. I am in NC. I have the flexibility of the court due to military (in the decree) but also have specific holidays/visitation. Thanksgiving happens to be mine this year. Plane tickets have been bought and her father and I extended the holiday to suit her long school vacation and my availability to see her for a longer amt of time. He has had all phones disconnected and I have not had contact w/her in 3 days. This is a fairly frequent occurance. I would like to talk to her and confirm pickup time for her, etc. He's been divorced since ours and is engaged again. During each new relationship I meet w/challenges and control issues. I leave for Iraq in 2 1/1 months. I have a court order for this holiday and for open communication which isn't occuring. How can I ensure that I talk to her and get the holiday and time w/her that is due to me. I love her and need her and she also needs me. I need help enforcing the court order but don't know where to turn. If I go through this now, what will I do for communcation once I'm deployed when time on the phone is even more valuable to my daughter and I both?
2 Answers from Attorneys
Re: Custody enforcement
First, let me honor you for your service to your country. The women of the armed forces, in particular, are showing unparalleled commitment and courage. I am a Vietnam Veteran myself, and am glad to see the attitude of the public has so much improved for your generation of soldiers, as well as mine.
You don't have much time to get to the bottom of this. Fax me the court order if you wish. My number is (501) 637-6294. Much depends on the exact wording. If disconnecting the phone violates the order, you could have a right to have him cited for contempt. It would also be contempt of court for him to refuse to allow agreed and ordered visitation. Under these circumstances, it may be possible to get him in front of the judge on an emergency basis, but we would have to work fast.
Please e-mail me more details at [email protected], such as location in Georgia, etc. In the meantime, if you know where he works, I would suggest calling him there, or call a neighbor and have the neighbor tell him if I doesn't get in touch with you immediately, you may take him before the judge for contempt. You can also call me at (404) 617-7407.
Re: Custody enforcement
If he is violating the terms of the custody order, than you may institute a contempt proceeding against him.
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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