Legal Question in Family Law in Georgia

Seeking full custody while wife is incarcerated

My story is very complicated and drawn out. In short I am married to my Ex still due to money issues but we have been living seperate lives for four years.

I have two children with this woman and two years ago she left them with me and my girlfriend to take care of while she ''went to rehab''. She never completed a program, continued to spiral out of control, has attempted suicide multiple times resulting in hospitalizations and as of recent, was arrested for two felonies and sentenced to a year in prison. There is also heavey drug use and abusive boyfriends in the picture.

She has had minimal contact with the girls partly due to her moving five hours away with a ex convict she met in rehab and partly becuase when she did show up it was very obvious to me she was/had been strung out and I refused to let the girls be around her unsupervised.

My question is this, obviously finances are still a big issue. Is there ANY way I could file for full custody without an attorney since she is incarcerated? I don't want to cut her out of their lives but as far as FULL permanent custody goes I feel very strongly the girls are safer and more secure with me. Their mother has too many emotional issues to ever be stable.


Asked on 7/16/09, 3:40 pm

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

Re: Seeking full custody while wife is incarcerated

Custody would need to be determined as part of a divorce. A divorce without children is certainly not a do-it-yourself project. If your children are truly important they are worth the cost.

Note that no custody order is ever permanent. A court can revisit the issue later.

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Answered on 7/16/09, 6:24 pm


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