Legal Question in Family Law in Georgia

custody

Currently I'm in the middle of a divorce and have retained a lawyer. The temporary hearing has been held and the judge ruled that my 2-year old daughter would reside with me for 60 days and then with her father for 60 days and we would flip flop her back and forth every 60 days and if this is not settled within a year that my husband would receive primary custody of our daughter. I later found out from that the judge that presided over our case was very close personal friends with my husband's mother. The latter part of the ruling that the judge gave is unheard of. Even my attorney and others in law practice have never even heard of such a ruling. My husband is trying to say that my 14-year old son from a previous marriage is a threat to our daughter which is not true. Please advise me as to what legal steps I may take to not lose custody of my daughter. Also, my husband had a tap on our telphone which I have found out is against state and federal law. Should this be pursued legally?


Asked on 5/10/01, 11:50 am

1 Answer from Attorneys
Stephen Worrall The Manely Firm, P.C.

Re: custody

I suggest you ask the Court to appoint a guardian ad litem to represent the best interests of the child. If you are not in a large metro county, the judge might not use guardians. You could also arrange to have a custody evaluation done by a psychologist.

As for the wiretap, any evidence obtained by the husband from that tap is inadmissible and he is at risk for prosecution by federal and state authorities, although I do not know how vigorously either the local police or federal authorities pursue such matters.

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Answered on 6/21/01, 12:27 pm


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