Legal Question in Family Law in Georgia

Q: Where should my husband start? My husband divorced in 2001 and the divorce decree was set on joint legal custody of their son. Their son lives with my husband ( the father) and myself. The decree states that the father has the final decision concerning son in the event of a disagreement. The mother is NOT entitled to make child support payments. Within the year, his ex-wife lost custody of her daughter ( my stepson's sister) to Dfacs and has since, failed to re-gain custody of her daughter. I have little doubt that the evidence against her may prove her unfit, however, my husband and I are not financially equipped to fight it in court. The goal we seek is to simply make sure the child stays with me, (stepmom) and his immediate family ( younger siblings of my husband and myself,) In the event that something should happen to my stepson's sole provider, ( My husband.) It is possible, technically speaking, that my husband could be held in contempt of the divorce decree because he has refused visitation stated in such, however, the evidence against his ex-wife is compelling enough that we do not necessarily fear this as a forthcoming problem. Our son's mother will contest an adoption, and has not technically abandoned him, she has simply failed to provide him with a stable, healthy environment free from abuse, drugs, and violence. Your advice is greatly appreciated and will be considered to the fullest. In the event that things open up financially within the near future, we do plan to seek council. Thank you in advance.


Asked on 12/26/09, 10:09 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You badly need a lawyer.

If your husband is denying visitation he is in contempt of a court order and that will overshadow most other issues, could cost him custody and may land him in jail. I am sure his lawyer told him this when he was divorced. Unfitness is NOT grounds for him to thumb his nose at a court order. His attempt at self-help is dangerous and he should seek counsel immediately to see what he can (and cannot do).

I am sure it was also explained that in Georgia the mother will automatically get custody if he dies. He can, with a proper will, designate you or someone else as trustee. Should she disappear his choice of guardian may also matter.

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Answered on 12/31/09, 6:00 pm


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