Legal Question in Family Law in Georgia

custody modification/step parent rights

My husband has sole custody of step daughter d/t mom leaving child in care of man who molested her (who had prior history). He is now in prison for 3 more months. When husband was awarded custody, mom submitted paperwork to the court stating she had done a background check on the man. Anyhow, she is now calling the child's school and saying my husband is abusing her because she said he spanked her. School states not to worry. Mom claims she has every right to determine how child disciplined and she will file a complaint any time she hears her dau is spanked (d/t her belief that spanking is illegal) and going back to court because the judge was misinformed and she wasn't able to submit evidence about the background check (although she did). Doesn't she have to wait 2 years from the order? Also, she just gave birth to the child molestors baby...he doesn't know about it but will this have an effect on her custody? Currently she has supervised visitations here in GA. and I think it may have changed With me being her step parent and signing paperwork (medical/school stuff), is there a legal process i need to go through on that or just a written statement from my husband that I can make decisions for her when in my care?


Asked on 5/30/07, 12:00 am

1 Answer from Attorneys
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: custody modification/step parent rights

You should check with the school and health care providers, since often times they have specific policies related to this.

You may also want to explore alternative punishments with a pedicatrician an/or counselor. Given the child's history, physical contact of any sort, especially negative physical contact, such as spanking, may inflict further psychological damage.

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Answered on 5/30/07, 12:08 am


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