Legal Question in Family Law in Georgia
I was served legitimation, visitation, child support, and child custody papers on February 15th by a sheriff. The next day,(feb.16th) I was served by a special process server an amended version of the paperwork in which I am ordered to appear before the superior court on March. 7th. I let his father know that I was taking our son(the one in question) to Ny over a month ago and would be gone from the date of Feb.20-March 6th. This paperwork dated Feb 16th states that" the plaintiff has just discovered that the defendant intends to go to New York taking the minor child at issue with her. The defendant plans of leaving for New York within 5 days from this date, Feb. 15th, 2013. The plaintiff requested a standing order be issued. The plaintiff requests the court approve the motion for Special Process Server and sign the order approving special process server."
When I found out about the initial ligitimation paperwork, I called his father and recorded me asking him, why he would choose to do this right now, considering he knew I was leaving for Ny for over a month. On the recording he never denies knowing about it, and even acknowledges that we had made these plans.
My question is, what exactly is this standing order attempting to do? Is it just stating that I must appear in court on March.7th? Is it saying that I cannot take my son out of the state of Georgia? If I am allowed to take him still, what if I cannot come back for the 7th because of weather? If I hire a lawyer can he get me an extension on the court date? Because his father is recorded acknowledging that he did know about Ny for over a month, and this paperwork claims he just discovered it, has he perjured himself? Will this recording even be admissible in court or at least to allow me to still take my son to NY? Please Help!
1 Answer from Attorneys
This sounds similar to another question I recently answered. It cannot be fully answered without reading the pleadings that were served on you and the standing order. You definitely need legal counsel, ASAP, as to a response, and for your hearing.
It is ABSOLUTELY necessary that you attend the hearing. The failure to do so could be catastrophic. In a worst case scenario, you could lose custody, and in a best case scenario, you will probably have some very bad consequences. In some cases, the failure to be in court could land you in jail.
Can court dates be reset? Maybe. But that really shouldn't be your focus. That's a strategic decision to discuss with your lawyer once you retain one.
Can you leave the state on vacation with the child pending a hearing? Maybe, and I'd have to see the order and paperwork to know.
Is your recording useful? Maybe. It depends on how you recorded it and what states the parties were in when the call was made. Georgia's recording and wiretapping law is a "one-party consent" law for purposes of making audio recordings of conversations. Georgia makes it a crime to secretly record a phone call or in-person conversation "originat[ing] in any private place" unless one party to the conversation consents. See Ga. Code �� 16-11-62(1), 16-11-66. Therefore, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties as some states require two party consent.
I'd want to hear the full conversation to know the possible effect on your case and how it might be used (or if it can be used).
These are issues where you need to sit down with a lawyer prior to your departure.
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