Legal Question in Family Law in Georgia
How do i petition a court to modify custody. I live in florida but the court i need to petition is in Cusseta , Ga. I gave custody to their father in August of 2007, on July 1st of 2009 his current wife called me to tell me I needed to come get the children because their father was shooting his gun threatening to shoot his self. Now its August of 2010 and he has done nothing to help with the children because he has permanent custody but doesn't even want them back, I dont want them to go back I need to regain my custody and child support.
2 Answers from Attorneys
If the children have been with you continuously for at least the past six months, it should be possible for you to bring a change of custody in Florida. The Uniform Child Custody Jurisdiction Act (the "UCCJA") generally provides that a custody action may be brought in any jurisdiction where the children have lived continuously for the previous six months.
DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.
As Byron states, you may be able to proceed in Florida. If so hire counsel there. If not, retain a lawyer in the county where he lives.