Legal Question in Family Law in Georgia

My spouse and I are getting a divorce. I am seeking sole legal and physical custody of our minor children ages 14 and seven. My spouse gave permission to another adult to allow and almost force our 14 year old daughter to drink alcoholic beverages on New Year's eve and day. My spouse then left the premises while our daughter was still there. She was with her grandmother, who was forcing the alcohol on her. There was other people in the home as well. My spouse never returned to the premises that night or the next day. Our 14 year old experience a "hangover" as a result of that.

I don't ever want that to happen again. I want sole legal and physical custody so that I can prevent that from happening by controlling both of our children's environments. My spouse willing moved out of the house away from our children, therefore excluding themselves from our children's daily lives. What are my chances of getting sole legal and physical custody? The law-breaking, endangerment incident took place in Florida while our daughter was visiting for the holidays. Myself and the children reside in Georgia. My spouse live and work in Florida.


Asked on 1/11/11, 6:51 am

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

I assume you filed for divorce in Georgia. If not, you should think about re-filing. The court will decide custody of the children based on what "is in the best interest of the children." When a child turns 14 in Georgia, the child gets some say in where the child resides. The 7 year old will not get a say.

THE BEST WAY TO GAIN SOLE CUSTODY OF YOUR CHILDREN IS TO HIRE A GEORGIA FAMILY LAW ATTORNEY. It will be the best investment you ever make in your kids.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 1/16/11, 8:14 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There are two answers here.

(1) If you filed without an attorney, your chances of success are minimal as you will not be familiar with the rules of evidence to be able to present a case.

(2) If you have an attorney, you should be asking your attorney. Sole custody is becoming more the exception than the rule, but can happen in extreme cases. Your attorney will know how to best present your evidence.

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Answered on 1/16/11, 10:02 am


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