Legal Question in Family Law in Georgia

Seeking to change custody order

My ex husband and I divorced almost 8 years ago. He gained primary physical custody of our 2 children after a year long battle. I am still unable to understand how this happened. Over the years he has used my time with them as a tool against me. I get to have them every other Thursday through Sunday until 6:00, and every other Thursday from 5-8. Custody changes to me over the summer and he has the same visitation. We will come to an agreement for them to see me more often and then after a while if he gets mad at me he calls and says that I can now only see them according to the order. This has gone back and forth over the years. It is emotionaly draining for them and for myself and their brothers. The children are now 10 and 11 and would very much like to be living with me, my husband and their brothers. Is it possible to change the custody order? It is a very involved situation. Thank-you for your time.


Asked on 1/27/04, 3:58 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Seeking to change custody order

Custody cases are decided based on the best interest of the children. The judge in the first case obviously decided that it was in the best interest of the children to stay with their father. To change it, you are going to have to prove that something has changed, and that it is now in the best interest of the children to stay with you. As you know, custody cases can linger for a long time. It might be easiest to wait until the oldest gets to the age of 14. The law allows the child to "choose" the parent at that age, although the Judge is not bound to honor that, they generally do if there's no evidence that the parents are unfit. It's possible that you could change it now, but be prepared for a lot of legal expense and a long and difficult fight.

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Answered on 1/27/04, 4:20 pm


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