Legal Question in Family Law in Georgia

I have been married for 5 years and have a year and a half year old daughter. We are talking about getting divorced. We live in Georgia and our daughter was born here. I am from PA and would like to move home and take full custody of my daughter. I have raised her but the mother makes most of the money. My wife's family has more money to throw at this than I do. Do I have a chance at getting my daughter?


Asked on 8/25/10, 7:35 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Without knowing the specifics of your life/case, I can't on your chances other than to say that you always have a chance. Your chances, of course, get better if you hire an attorney to help you out. It does not have to be a very expensive, big law firm attorney. There are plenty of solo practitioners and small law firm attorneys that are VERY good at what they do and will not bury you in legal fees.

Things of course are even easier if your wife will consent to you having full custody and taking your daughter to PA. If your wife contests custody, in all likelihood, the Court will appoint a Guardian Ad Litem (who will be an independent/uninterested attorney volunteer from the community) to conduct an investigation. The entire point of the investigation is to determine "what is in the best interest of the child." If it's in the child's best interest to go with you to PA, the GAL will likely recommend that to the Court. If it's not in the child's best interest, the GAL will also say so. If the GAL believes that joint legal custody is in order and you still want to move, a visitation arrangement will have to be worked out.

My advise to you is this: (1) get a family law attorney, (2) always be polite and patient while trying to exercise your rights (family law courts HATE hot-head dads), and (3) never miss a Court deadline.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 8/30/10, 7:52 am
Ralph Villani VILLANI LAW FIRM

Phil is correct; but, it has been my experience that the mother usually gets primary physical custody and the father gets regular visitation unless the father can show that primary custody with the mother is NOT IN THE BEST INTEREST OF THE CHILD.

Further, you will need to show the Court your plan for the care of your daughter and how and where you will live and with whom -- even if you get primary custody, I doubt that the Court will allow you to move out of GA with your daughter (especially while she is of tender age).

Hire a local family lawyer who specializes in child custody matters (especially your situation)

Good luck and God Bless you and your daughter

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Answered on 8/30/10, 7:59 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You received two good answers already, and let me add that the answer and outcome also vary by the county where you two live.

If you are in metro Atlanta, feel free to call me.

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Answered on 8/30/10, 3:36 pm


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