Legal Question in Family Law in Georgia
Can we get joint physical custody?
Long story short. My husband and his ex-wife have been divorced 2 1/2 yrs. Ex-wife was given primary custody, and he was given visitation. Eight months after my husband's divorce, he tried for primary custody based on concerns involving his daughter's quality of care. (He and I were married during this time.) He failed to convince the judge and nothing changed. Now, 2 1/2 yrs later, his daughter has gained over 20 lbs and has above normal cholesterol. Ex-wife got married to husband #2 and is currently divorcing husband #2. My husband again has concerns with his daughter's health and the instability of homelife his daughter has experienced with her mom. He can't try again for custody until 1/07, and he's wondering if he would even have a chance. What about joint physical custody? Does my husband have valid reasons to pursue a modification? Could he pursue it prior to 1/07 based on these concerns?
1 Answer from Attorneys
Re: Can we get joint physical custody?
Your husband does not need to wait until 2007 to try again for a modification of custody. The law provides that there has to be a substantial change in circumstances to merit changing custody. That usually means a change for the worse in the primary custodian.
THe weight gain and cholesterol may have some effect on the court, but you will need a physician to say that it is due to some sort of neglect or deficient parenting on the part of the primary custodian. Her failed marriage will have little to no effect on your modificaiton of custody case.
As for a shot at shared custody, I would not count on that as a plan unless your husband's ex-wife will agree to that as a compromise solution to a serios challenge to custody.
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