Legal Question in Family Law in Georgia
Primary Custodian
What would my x-wife have to do to modify divorce findings in the custody section? Joint custody w/ me as primary caretaker and now she is wanting to take him out state. If she goes to an attorney, what would she have to bring to the table to have a judge overturn the ruling? Should I wait for her to get an attorney and defend myself then or go on the offense now?
1 Answer from Attorneys
Re: Primary Custodian
It sounds like you're asking how a case would turn out that hasn't happened, where we also have none of the facts. Your question as posted is unanswerable. However, if I am reading your question right, there's nothing yet to respond to.
If you already have primary custody, it would make no sense to go into court to modify things, as you'd have nothing to gain and everything to lose.
If she ACTUALLY seeks physical or sole custody, you could defend the case at that time. You cannot respond to a case that doesn't exist and I am not understanding why you'd contemplate forcing her to argue a case she has yet to argue.
Having said the above, since no one here has read your order, and no one here knows the facts, you should seek legal counsel as soon as possible. Details, none of which are known to us, could change the answer.
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