Legal Question in Family Law in Georgia

I have been seperated from my sons father for a year. We have a court order in place that we agreed on after going to mediation twice and him not agreeing to anything, I finally ran out of money and could not fight anymore. I still owe my recent attorney money for something I did not strongly agree with. I am now having problems with my son going to visit his dad. We agreed on jont custody, with my son going to his fathers on every wed., Thursday and everyother weekend. I, think that is too much with my son only being 3 years old and having to takes meds for his mood disorder. I now hired a new attorney to modify the custody/visitation. I have doctors, daycare, friends and family including fathers mother, to agree with me for my childs well being. My sons father has lots of money and will try to fight me just to make himself look good. 1st question: can my recent attorney not give me a copy of my file if I still owe $?

2nd question: Could a judge grant me my wishes of my child visiting his dad everyother weekend and 1 afternoon out of the week?

Thank you sooo much!!


Asked on 8/25/09, 9:49 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

1st question: can my recent attorney not give me a copy of my file if I still owe $?

A: If he attempts to do that, report him immediately to the State Bar. He can be disbarred for that.

2nd question: Could a judge grant me my wishes of my child visiting his dad everyother weekend and 1 afternoon out of the week?

A: Obviously we don't know the facts on either side, but Judges hate seeing people try to reduce visitation and relitigate that. As I am sure your lawyer has warned, you have the burden of proof to win, and, should you not win, you could risk losing custody or seeing even more visitation. Additionally, you say you agreed to the previous result, and that could heavily affect this case. Every other weekend and a couple of evenings is by no means unusual these days, so unless you have a compelling case, you could be wasting money. Discuss this with your attorney. The fact you are asking here indicates at best that you are not listening to the person you have paid to answer these questions. No one here can say ifyou will win or lose as we lack the facts to know.

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Answered on 8/30/09, 10:02 pm


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