Legal Question in Family Law in Georgia
Mother getting custody back
My husband and I obtained temporary custody of his nine-year-old son in August of this year. His Mother wasn't paying her bills. She was caught stealing from her previous job and got fired. She was caught lying on the stand during the hearing. She curses in front of her son. She has only paid one week of child support in 14 weeks. We have taped conversations that were obtained leagally where she was caught lying. Also where she has put the child up to hiding things from us and being deceitful. I have also kept a journal everyday for months now. She had filed chapter 13 and now she is having to file chapter 7 because she can't make the payments on that. She says her lawyer told her that she can get full custody back from us with no problem. Before he leaves he is a very good child and when he returns we can't do anything with him. She admits to spoiling him and giving in to whatever he wants and not make him mind or follow rules. We also have documentation from ourselves and his teacher about his behavior after he returns from his Mother's and that his grades have extremely improved. So what do you think and what can we do to ensure that she doesn't get custody back.
2 Answers from Attorneys
Re: Mother getting custody back
I can add nothing to Mr. Stricklands comments as he has hit the nail on the head. Continue to be involved with you child in school, be the best parents you can be, get involved in your church if you are so inclined. Get a competent attorney, then, it's up to the Judge to decide. But based on the fact situation as presented I believe that your chances are good to obtain permanent custody.
Re: Mother getting custody back
First, the party who obtains temporary custody of a minor child at a temporary hearing TYPICALLY has the upper-hand when the final hearing is held--assuming that if it was in the best interest of the child for your husband to have physical custody at the temp. hearing, those same circumstances would remain constant. There is also the additional argument that the child's strong interest in a stable family life is only enhanced by keeping physical custody with your husband. Second there is also the issue of the Mother's contempt by not paying child support. Judges are typically hard on parents who dont pay child support, IF they are able to pay it. You say she lost her job recently, so she may have some defense. Third, I would be very careful about tap recording phone conversations. It is typically considered a crime but there are some significant exceptions. Forth, her bankruptcy is not material as you cannot discharge child support through either Chp 7 or 13.
As for what you need to do in the future to help protect your interests: If you have an attorney u need to discuss the matter with him/her until you are confortable. If you do not have an attorney you NEED one as quickly as you can afford to hire one. Contested custody issues like this one are very complex and you can easily make a mistake and not even know it. This is certainly true if the Mother has an attorney. Otherwise, you seem to be holding your own. The journal and any other objective documentation you can gather is always a good idea. Best of luck. [email protected]
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