Legal Question in Family Law in Georgia

Emegency child custody

Recently, my ex husband who shares custody of my two children but he is the primary got a dui. Three months later he got another dui and two counts of child endangerment. As, well a a narcotic drug in his pocket. He is on probation for the first dui. Can, I file for emergency child custody change?


Asked on 1/21/09, 11:13 am

1 Answer from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

Re: Emegency child custody

The standard for a change in custody would be "what is in the best interest of the child?" Sounds like you have a pretty good case but the court would look at both of you in determining what the best interest of the child would be. There are many, many factors, like age of the children, school issues, medical issues, etc. Yes, you can file for a change in custody and you can get a temporary hearing fairly quickly depending on your county and their local rules. You need a lawyer because a custody case is very complicated and requires a lot of effort if you want to succeed.

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Answered on 1/21/09, 12:28 pm


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