Legal Question in Family Law in Georgia

How do I file for change in costody? And what are my chances of winning custody of my children?

The mother has abandoned the children and the children has lived with me (father) and grandmother for the past 3 years. The mother every now and then sends money that comes out of my paycheck each week. No thanks to her contribution... the mother has no job and no place suitable for these girls to live. The mother lives in Georgia but the girls live in New Orleans, Louisiana. Im stuck on this difficult situation and I want nothing but the best for my children. What do I do?


Asked on 2/25/13, 8:21 pm

2 Answers from Attorneys

If the children are in Louisiana and there are no existing custody orders, then you need to bring a custody action in Louisiana in the parish where the children reside. I have no idea how the courts in Louisiana would view this but custody generally is based on the best interests of the children, i.e., the question before the court is always whether a change in custody would be of benefit to the children.

If there is an existing custody order in Georgia and you still live there, then you would file a motion for modification of custody in Georgia. Generally, to get modification, then you would need to show a change in circumstances - which appears likely since the mother must have had the children and later abandoned them. However, there are many other factors - the age and gender of the children may be relevant. How well the children are doing with the grandparents may be relevant as is the question of whether the children have any other family in Georgia. This is just to give you an idea.

What I suggest you do is first determine whether there is or is not an existing custody order. If there isn't, then try re-posting your question to Louisiana family law attorneys before you go and hire one. If there is an existing order, then go to a family law attorney who practices in the county where the order was entered and consult with the attorney as to whether the order can be modified and find out the cost.

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Answered on 2/25/13, 9:02 pm
Harold Holcombe Harold D. Holcombe, P.C.

Generally speaking, in Georgia, the custody action MUST be filed in the county where the custodial parent resides. Generally, as between parents, the standard is the "best interest of the children" standard. Since the children have lived with you for three years you have a pretty good chance, but more info is needed. Are you divorced? Were you ever married? Do you or she have any drug or alcohol problems? Criminal arrests? Details in a custody action are critical to success. You need to consult an attorney and sit down and discuss this in detail so that you can get an accurate assessment of your case.

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Answered on 2/26/13, 6:24 am


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