Legal Question in Family Law in Georgia
Obstruction to Father-Child Relationship?
My Ex-wife has persistently and consistenly obstructed my attempts to form a relationship with my daughter. 1) Even though ordered to change, She maintains my daughter's name to be her maiden name. 2) "None of your business" is the answer for where does she go to school or church. 3) Scheduled visitation dates are consistenly shortened and at times denied. 4) Phone calls are severly restricted. Are any cases to substantiate a change of custody in this matter? Thank you for advising!
2 Answers from Attorneys
Re: Obstruction to Father-Child Relationship?
Actually there has been a series of recent decisions handed down by the Georgia courts which have agreed that abstruction of visitation rights is a basis on which to order a change of custody.
The other alternative is seeking to have the mother held in contempt of court for her interference with your visitation rights. The contempt of court action, however, would not result in a change of custody. At most it would only result in an order commanding the mother not to interfere with your relationship with the child and possibly punishing her for her past interferences. Thus, if you are serious about obtaining custody, the contempt action may not be the best option.
If you have any further questions regarding this, or would like to meet for a free initial consultation, please do not hesitate to contact my office to set up an appointment.
Byron Sanford
The Law Offices of Byron M. G. Sanford, PC
3295 River Exchange Drive, Suite 300
Re: Obstruction to Father-Child
There is certainly georgia case law which would support a change of cstody under these circumstances but it is not likely that a judge would exercise his discretion to do this. You will have to file a change of custody in the state wheere the mother and the child reside. You can file a contempt for her interference with your visitation in the court where the decree was granted. i sugegst filing a contempt to old the mother in contempt for interference with visitation and contact. the i suggest insertion inthe order a number of paragraphs requiring her to cooperate and give you info
Michael Flinn
Law Offices of T. Michael Flinn
402 Tanner St.