Legal Question in Family Law in Georgia
rufuse visitation
I have custody of my son, my ex lives in another state ( I live in GA, he lives in NC) and he gets visitation. He calls last week to make plans to get our son for part of the summer. While talking I ask where he is living now being that lately he has moved around quite a bit. He tells me that he is living in a halfway house. He has an alcohol and drug problem and is trying to get better he says. I do a back ground check after hanging up with him and make some calls,,, come to find out he has been in and out of treatment for the past 6 months, is under investigation for child molestation and is essentially homeless. Do I HAVE to let him have visitation??? What can I do??
2 Answers from Attorneys
Re: rufuse visitation
You can, and probably should under the facts you described, go to court and file a modification of visitation based on the change of circumstances. This should be done quickly, because under the current order he is probably entitled to the child unless and until the order is changed.
Re: rufuse visitation
You will need to apply for modification ASAP. You may also wish to get an emergency order in the event that your husband shows up for visitation prior to your modification hearing.