Legal Question in Family Law in Georgia
Hello;
I was married for 15 years. She left to pursue a job in another state. I was willing to go along with the children. She informed me a week before me and the children were to leave that she now wanted a divorce. She had been gone over four months supposedly to set things up for us. She took the children without my knowledge or agreement. Now she is out of work, had to move back to this state and she is still asking for child support. I want to have my children because I love them and can take care of them as well as any mother.
What is the best way to express this to the courts in Georgia, since they normally side with the mother, no matter her situation?
2 Answers from Attorneys
Step one is to get a lawyer. If you try to do this on your own, the best you can usually hope for is a catastrophe. Courts are not as one-sided as you think, but this is not a do-it-yourself project, and, if custody is at stake, it will be expensive.
Your wife will probably get a lawyer, so you should have one also. Nowadays, there isn't a presumption for the mother when it comes to custody. Therefore, if you are the one who generally takes care of the children, you may receive custody. You just have to lay out your caretaking duties as a father and how you took care of them when your wife was away. The judge will look to the best interest of the children to determine who will have custody of the children.
(Licensed in Georgia --- Family Law Attorney in Atlanta Metro Area)
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