Legal Question in Family Law in Georgia
Modification Question
My ex just returned from Iraq and I'm planning a modification after ten years and I'm filing pro se. Here are my questions:
1. My son has no relationship with his father. They haven't seen each other for a year or more. How can I word the removal of the visitation so that it's left up to their discretion?
2. How do I cite the jurisdiction under the UCCJEA (I think that's right) in the complaint?
3. Once I file with the proposed child support amount (this is my guesstimate based on the income that I know of), he of course will answer and counter saying it's too high. Is it then that I request his documentation and we go through discovery which would then ultimately lead to a trial or mediation if we can't agree? He seriously low balled the amount when our last agreement was filed so I need to know that's not happening again.
4. Is it okay to go ahead and file the request to produce with the complaint to kill two birds with one stone? I live over an hour away from the court that has continuing exclusive jurisdiction.
Sorry for all of the questions but I'm trying to do this on my own because my son can benefit so much more than a nasty court battle because two adults can't be adults and just agree.
5 Answers from Attorneys
Re: Modification Question
If you really want to ruin your case and your chances, file pro se. As a general rule, cases that are pro se will be messier and more of a battle than are cases with a good lawyer. Given the complexities of Georgia law, you are also more likely to have a chance to prevail on some points. Your questions indicate you have a case that is more complex than most. Rethink going pro se. It's a horrible choice.
Re: Modification Question
If you really want to ruin your case and your chances, file pro se. As a general rule, cases that are pro se will be messier and more of a battle than are cases with a good lawyer. Given the complexities of Georgia law, you are also more likely to have a chance to prevail on some points. Your questions indicate you have a case that is more complex than most. Rethink going pro se. It's a horrible choice.
Re: Modification Question
If you really want to ruin your case and your chances, file pro se. As a general rule, cases that are pro se will be messier and more of a battle than are cases with a good lawyer. Given the complexities of Georgia law, you are also more likely to have a chance to prevail on some points. Your questions indicate you have a case that is more complex than most. Rethink going pro se. It's a horrible choice.
Re: Modification Question
I need to add that nothing will anger most judges more than an effort to remove rather than foster visitation. Such requests sometimes boomerang badly. No judge is likely to leave visitation up to children.
Re: Modification Question
There are numerous issues in your post. You need a lawyer. For one, if your ex is a soldier, he can sometimes get a stay of the proceedings easily. We need to know how old your son is before we could tell you about visitation. It is unclear why you are citing to the UCCJEA. Filing discovery motions with the complaint (i.e., before your ex has been served) would be premature. Good luck.
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