Legal Question in Family Law in Georgia

Has Father Lost his rights due to incarceration?
In 1995 I got a divorce from my children's father. In the state of Florida in 1995 there was no joint custody, due to my rigorous work schedule the children were primarily placed with their father. The order states that I am to have them every weekend and no child support either way. Three years ago he was convicted of Lewd and Lascivious with a child under the age of 16, I was lied to by his family for 4 months about his whereabouts, upon finding out where he was I immediately went and got our children. They have been steady living in my home ever since. He got out of prison in January (06) and now wants the children back. I am far from comfortable in even letting him see them. He still lives in Florida and is claiming that he has paperwork stating he can have his kids, he hasn't produced this evidence to me however. Our daughter is 14 and our son almost 16 and I am stuck at a crossroads as to what to do. Does he still have the right to have the children living with him with the magnitude of the conviction against him? Do I have to go back to court to get my rights or does he have to go back to get his rights back? Thank You

Asked on 5/16/06, 2:36 pm

2 Answers from Attorneys

Eric Ballinger Ballinger & Associates

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Re: Has Father Lost his rights due to incarceration?

You should be able to proceed to modify the prior custody order. You would be able to proceed in Georgia since it has been the home state of the children for over six (6) months. He does nto automatically lose his rights due to incarceration, but that would be a change in circumstances materially altering the welfare of the children. Also, children over the age of 14 in Georgia have the right to elect which parent they choose to live with.

Answered on 5/16/06, 4:29 pm

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