Legal Question in Family Law in Georgia
Visitation Issues with EX
Joint custody with EX, but I am the custodial parent. EX has visitation EOW (former drug addict).
Oldest child (12) has expressed his desire to stop spending EOW visits with EX (past abuse allegations substantiated by DFCS, on-going verbal abuse [according to child]).
He doesn't mind spending a few hours with her, but very unhappy with extended periods of time.
EX lives with her BF, her daughter and BF's daughter.
Child does not have privacy at EX's home (sleeps on futon in living room with 10-yo brother) and is not given his RX when he's at her house.
Child is afraid to express himself to her out of fear of retribution (either physical or emotional).
Also, I am concerned that if my youngest child spends time with her without his brother, she will emotionally manipulate him into saying untrue things (happened in the past, but DFCS proved allegations against us to be false) .
EX suffers from a brain injury (short term memory loss)which causes her problems and her versions of reality have a tendency to not be consistent.
What can be done to help my sons?
2 Answers from Attorneys
Re: Visitation Issues with EX
You can request the court to modify the custody decree based on the pieces of evidence you listed in your posting. The standard is what is best for the child, so, if the child is unhappy, the custody should change, but it is ultimately up the court.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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Re: Visitation Issues with EX
Your best bet is to consult with a local attorney about modifiying the final order. Obviously, a lot is at stake here. You should consult ASAP. If you are in my area, please free to give me a call.
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