Legal Question in Family Law in Georgia
i am in the process of a divorce. the unresolved issues are child custody (joint vs primary) and spousal support. my spouse currently pays the rent where myself and the children reside, but i am insisting that the payment be included in the divorce decree because i had a relationship after i left the marriage that resulted in my spouse insisting that i have no contact with the other party. this makes is continuance to pay "conditional". the relationship has ended "for all intense and purposes", however, we still remain in touch. over the weekend, the party unexpectedly "showed up" at my door during the wee hours of the morning. i did not have my children and there has never been an instance where my children were present, and they don't even know the individual. the party refused to leave until i called 911 and had an officer dispatched. i am considering filing a restraining order against this party, but i don't know what impact it will have on my divorce proceedings. will it come up in "the system"? if so, my custody and spousal support could be in jepeardy. understanding that safety and comfort for myself and my children are paramount, not to mention the restraining order will not keep the party from coming around, it only assists in the actions taken should they come around, i'm not sure what to do. i don't fear that the person will hurt me or the children, more concerned that in retaliation, they will show up when i have the children just to be spiteful. can you help?
2 Answers from Attorneys
No, no one on an anonymous general information internet forum can help. Simply stated, if these issues of custody and support, and the ongoing safety of you and your children, were really important you, you would have had a lawyer long before now.
Obviously, unless you are trying to lose your children and case, you got an attorney for a contested case involving children. No one here knows the background of your case, but your attorney does. Get offline and meet with your attorney, who undoubtedly already warned you about the consequences of other relationships during the divorce.
And if you don't have a lawyer, you NEED one now.