Legal Question in Family Law in Georgia

If custody of your children is important to you, you would have a lawyer working on your case plan to give you the best opportunity for custody.

My advice echoes that of Scott Riddle. Get a lawyer. There are too many facts left out here. I assume you are divorced and your ex-wife was awarded primary custody. Did the court award you visitation? If not, why not? How long ago was the order entered?

Courts make decisions to award custody based on the "best interest of the child." Custody orders may be modified at any time before the child's 18th birthday based on a change of circumstances. If your ex-spouse's in-laws are seeking permanent custody, then you need to respond and argue that custody should be modified and the child awarded to you based on a change in ccircumstances, your ex-spouse being in jail.

"Best interest of the child" means anything and everything that affects the child - school/home, religion, activities (like Girl Scouts or hobbies). It would help if you could get a child psychologist to evaluate you and the child and render an opinion. All of this presumes that you have money - custody battles can be very very expensive and it will be harder if the childs grandparents have money and you do not.

The task is not impossible though. You must prove to the court that the child will be better off with you. Good luck.

Please contact me if you have further questions.

Rachel Hunter

Attorney at Law

Admitted in GA, PA & NC

[email protected]