Legal Question in Family Law in Georgia
My Ex Wife has full custody of our children and i have liberal visitatation and 5 weeks during the summer. This was decided because she was moving the kids to GA and at the time we were in FL. Three and a half years have passed and I have moved to GA and would like joint custody and a parenting plan put in place that indicates the times and dates I will be able to have the children. Since each time we disagree on a matter she threatens to cease visitation. She also is now engaged to someone she has meet only one month ago and this persons disciplines my children, by making them do push ups and none of this was discussed with me by her. She also does not keep me up to date with educational things, such as repot cards, progress reports, behavior issues, and confrences. She will not allow the kids to visit once a week durning the week days for dinner. Shw also plans events on weekends that she has scheduled for my visitation and interferes with my visitation time on Sundays at church. Her new fiance has a questionable history and was a victim of molestation and abuse, and noted it in an online social site. Do I hve grounds for filing for joint legal custody?
2 Answers from Attorneys
You can file for a modification of the original custody order if: (i) there has been a material change of circumstances that justify a modification, and (ii) the modification would be in the best interest of the children. The fact that you now live in Georgia would certainly be a material change of circumstance. The fact that the mother may be making questionable personal relationship decisions could also be a material change of circumstance as well. The Court, and not the mother, has control over whether you continue to receive visitation, get joint custody, etc. In fact, if Mom intentionally interferes with your visitation schedule, she is in contempt of the custody order and you should take action. If you don't, it will be difficult to complain later. Of course, your best bet would be to consult with a Georgia family law attorney from the get-go so that you have the best chance possible.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.********
Based on your post, it would be in your interest to see a lawyer ASAP to determine what you should file, and when. You have listed several reasons that might give you a chance to change custody or visitation. A detailed reading of the present order also is needed.
If you are in or near metro Atlanta, call me.
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