Legal Question in Family Law in Georgia

Primary custody

I'm in the military and I have two girls (10 & 13) from my first marriage. I divorced in 2001 after a domestic violence altercation, where my ex was arrested. Long story short, I dropped the charges and she was released. Being my children were girls, I thought they would be better off with their mother. The girls have moved 4 times and have been to 4 different schools in 5 years. Right now, my ex does not have a job and is living with a friend. She is living off the $500 a month child support I provide. My wife and I are doing well and we have a stable environment. I believe the girls would be better off living with me. I have been in Maryland for 4 years and do not have to deploy or leave this area. I retire in 2 years. As a father, do I have a shot at primary custody? The only parental agreement we have is in the divorce degree. (Washington State) Help please. thanks


Asked on 10/05/06, 1:23 pm

1 Answer from Attorneys
Stephen Worrall The Manely Firm, P.C.

Re: Primary custody

I assume from your post that the girls and their mom are in Georgia. Based on your facts, since neither of you live in Washington state any longer, then the state where they are living now (or for the last 6 months) would probably have jurisdiction over a change of custody action. One important feature in Georgia, especially concerning the age of your oldest child, is what her choice would be, because when she reaches age 14, her election on the issue of custodial parent is binding on the court absent a finding of unfitness. You should definitely contact an attorney experienced in family law matters such as this if you choose to proceed.

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Answered on 10/05/06, 1:59 pm


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