Legal Question in Family Law in Georgia
My ex husband and I have joint custody of our fourteen year old daughter with her living with him because I live in another state. Our daughter was visiting with me over Christmas break when her father was arrested for his second DUI and is now in jail. I have kept our daughter here in Illinois with me and plan to keep her here. What are my legal rights and what legalities do I need to go through to keep her?
2 Answers from Attorneys
Get a lawyer immediately in the state where your husband resides,
I assume your husband lives in Georgia. Therefore, you should file or obtain an attorney to file a motion in the county where your ex resides to modify custody and child support. It will be based on the material change of her father's arrest, and DUI (which places your daughter at risk of harm). The court will look to the best interest of the child to determine the outcome of your motion.