Legal Question in Family Law in Georgia
I would like to talk with the judge presiding over a pending child custody case before the hearing. I feel I have information that is in the best intrest of the child that will not come out during the hearing.
This child has been put through so much already by both parents. The father has tempory custody, but he is very negletful. The mother lives with her boyfriend and he can be violent. The childs mother and boyfriend also use drugs. For this childs sake is there anyway to speak with the judge before the hearing?
2 Answers from Attorneys
If you have those concerns you need to express them to Department of Family Children Services (DFCS) and you need to show up to court and express those concerns directly to the Judge. It has to be done in the open, each side has the right to cross examine you. You are not allowed to have what is called "exparte" communication with the Judge. If you truly feel that you need to stand up for the child go to Court, ask the Court if you can speak if neither parent wants to call you as a witness. If you do it in open Court the Judge will be more prone to listen. Don't be afraid to stand up for the child, no one else will it sounds like.
It is not allowed for anyone to meet with a judge without all sides present. That eliminates the impartiality of a judge. That is strictly enforced, so you could, if you tried, be held in contempt and jailed.
If you have a concern about the child, either you need to get one side to call you as a witness in court, file court papers to intervene in the case, or call DFCS.
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