Legal Question in Family Law in Georgia
I am currently legally separated and preparing to divorce my husband. I am seeking joint legal and full physical custody in the divorce. I currently live in Georgia, but intend to move back to Indiana with my children sometime next year once the house here sells. I have been talking with an old boyfriend, and we are planning to get back together. When he left his ex, she falsely (and yes I'm certain it is false, and for the sake of this question lets assume it is) accused and had him charged with child molestation of two teenage boys. My husband and parents have both threatened that if I move back to Indiana (not necessarily moving in with this man right away, but again I know he is innocent) they will do everything they can to take my children from me, unless they can determine the truth (my mom has my uncle, who used to be a cop looking into the case, and my stepdad is looking into it himself, and they don't want to believe he's guilty as they know him, etc). I am not an unfit mother, even my husband's attorney told him this. I have held down a job for 8 years while married and raising my kids, and will continue to do so up there. I have been informed of the evidence and heard the testimony of many people who know this man and his ex and I know he is innocent and it will eventually be proven. My question is does my soon to be ex or my parents have grounds to take my children from me, in the event this man's charges are dropped and he is not convicted, just because they aren't "completely convinced" he did or didn't do it...
2 Answers from Attorneys
Unless you are a witness to the alleged conduct (or have knowledge to disprove them), let's not assume he is innocent. You had it right - you "want to believe" he is innocent. First of all, you should have had a lawyer from the beginning of this issue. The lawyer may tell you it is extremely poor judgment, and in disregard for your children's safety, to move from your husband straight to a relationship with someone facing child molestation charges. You can certainly bet that any parent will be concerned about that and most likely will take action. You "want to believe he is innocent," and you are betting your children's safety on it. Since it appears you want to do just that, to answer your last question, dropped charges or lack of a conviction do not mean he did not do it (or do something).
You have the right to believe he is innocent but frankly, as I am sure your divorce lawyer has told you (you do have one at this point, don't you?), it would be a disaster to try to move out of state with your children and move in with an accused child molestor. It is VERY likely that you would lose custody in such a case. I'd be shocked if you won on the facts you stated. Again, I am sure your lawyer has already stressed this to you (and if you do not have one now, that is a huge mistake too).
Incidentally, there is no such thing as legal separation in Georgia, so you may want to check on what your legal status is (it's either married, or, if you had a separate maintenance case, it's still married).
Listen to your lawyer. He's right, and your plan is going to shock any judge that hears it, and certainly calls your judgment into question.
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