Legal Question in Family Law in Georgia
A juvenile court judge told me to bring evidence to a hearing about my daughter's request to terminate the temporary guardianship of my grandson who has been in my care for over three years, in my homne all his life. The psychologist for my grandson was not able to come because of grand jury work so he prepared a legal affidavit and gave it to me along with his credentials. The judge refused to even look at the document, laughed at me and made remarks about the possibility that I invented it ("Anyone can put something on a piece of paper.") and made a joke about psychologists not being lawyers. My grandson is now with his abusive, mentally ill mother. Is it legal for him to refuse to even look at the affidavit?
2 Answers from Attorneys
If this was an important issue, you would have a lawyer to handle the case and present evidence. The judge was right, and these cases are not decided on affidavits. A lawyer would have known how to present the evidence, including how to either get the witnesses there or reschedule the hearing.
The judge was correct, and you mishandled the case badly.
Custody cases require lawyers. And the lawyer would have subpoenaed the doctor and forced him to appear.
Affidavits are hearsay and cannot be cross-examined. Thus they are inadmissable.
Your failure to get counsel is what went wrong, and it probably is too late to fix it now.
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