Legal Question in Family Law in Georgia
I am Primary Custodial Parent in a joint custody case that has already gone to court. The mother was told and ordered by the Cobb County Superior Court in Marietta, Georgia that she could only see her daughter through Supervised Paid Visitation every other Saturday beginning November 5, 2011 from 9:00AM to 2:00PM. Her then 7 year old son reported to me and my mother on a visit with his sister that he had seen his mother selling drugs while he and my daughter were in the house with her. The mother was living with 2 other men at the time who were also selling the drugs. I have a 2 year old daughter with the mother. The judge signed the Final Order on November 1, 2011. To this date the mother has done nothing to see her daughter. I have found out through DFACS in another county that there is a pending Child Abuse case against her because bruises were found on her now 8 year old son, and that she also has a 6 year old son who never attended school during 2010 - 2011 calendar school year. I want to sue for a modification of my Joint Custody case to Sole Legal Custody of my daughter even though it's only been 5 months since we were in court. Is that possible with a positive outcome.
2 Answers from Attorneys
Most parents who had a child subjected to drugs and the sale of drugs, and certainly abuse charges, would have been on the phone and in their lawyer's office the very next day, if the welfare of their child was an important issue to them. They would take action immediately, not ask for speculation on a website. We only know what you say and no response here is going to protect your child.
Certainly you have mentioned things that might help you in such a case, although no lawyer can give odds.
I suspect a judge would wonder, if you truly felt this was a problem, why you have waited some six months to do anything. With such serious problems, most parents would have long ago retained counsel and filed appropriate paperwork.
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