Legal Question in Family Law in Georgia
I have joint custody of son but husband is primary. My son will be visiting and wants to stay with me. Do i have the right to let him stay with me?
2 Answers from Attorneys
No, he cannot stay beyond his visitation without a court order or an agreement with the father. Even if you come to an informal agreement with your ex, it would be to your best interest to file a petition to revise custody. The age of your son will determine if his desires will have any influence on the judge's decision.
If you had an attorney during the original matter, you may want to return to that lawyer.
Otherwise, if you want to discuss this further, you can contact me at [email protected] or (770)367-1234.
No, if you violate the court order, you can be found in contempt and jailed. You may even lose visitation. You can also be criminally charged and jailed.
If you feel custody should be changed, you will want to retain legal counsel. Ideally you would want a new court order. Feel free to call me at 404-768-3509 to discuss what is involved.