Legal Question in Family Law in Georgia
I have Joint Legal Custody of my 7 yr old granddaughter granted by a court order from the State of Virginia. I also have the right to schedule, pay for, and transport my granddaughter to her extra-curricular activities. I have visitation, etc. etc., like a divorced Dad because I was the primary caregiver to my granddaughter for 6.5 years until my daughter moved them to GA. I have relocated to GA since then also.
My daughter refuses to allow me to take my granddaughter to her Soccer practices. She has her live-in girlfriend taking her. Today I asked the girlfriend, at soccer practice, if she'd read the court order. She stated she didn't want to get in the middle of it and I told her she already was in the middle of it by bringing my granddaughter to the practice which is a clear violation of the court order. The conversation deteriorated to the point the girlfriend took my granddaughter after practice straight to her car. I followed my granddaughter to say good-bye to her and the girlfriend told me to get away from her car, I told her I just wanted to say goodbye and then she got up in my face like she was going to hit me. She threatened to call the police and I told her to go ahead and we'll see who leaves with my granddaughter because it won't be you. She backed off and left but it all happened in front of my granddaughter.
I am planning to take my daughter back to court for this and other violations of the court order. My question is: if this girl had called the police, would they have made my granddaughter stay with this girl or would they have let me have her because I have the joint legal custody order? My daughter and this girl just think because they live together and my granddaughter has to live with her Mom because she has physical custody, then the girlfriend thinks that gives her rights over my granddaughter. It's not just her but includes her whole family like they have rights to my family (myself, my daughter, and my granddaughter). I have never encountered anyone before this that ever stepped all over and across that boundary of my family that they have totally disrespected and torn up. I don't know what to do to get them to stop and it's my 7 yr old granddaughter that's being affected the most by this craziness. She looked so sad and frightened today and I don't know what it would have done to her if this girl had hit her grandmother right in front of her.
Please help me with some guidance or referral to a good family law attorney in Marietta, GA that could help me win this fight. The girlfriend is also bi-polar and has OCD. My daughter is also currently in a year long DUI program because she got 2 DUI's within 8 months.
1 Answer from Attorneys
Let me start by saying it was extremely foolish for you to be so confrontational at the event. You could easily have ended up in jail depending on how it played out, and such a reaction could adversely affect you in a future custody battle.
Having said that, retain counsel. Be aware that grandparents usually come second to parents, so any grandparent case is an uphill battle, and that, even with good facts, you can improve, or worsen, your case by chosing confrontation over the legal process.
Buried in your post are things that help you, or might, and you want good counsel to focus on those and guide you better on what to do (and not do).
Good luck.
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