Legal Question in Family Law in Georgia
My ex wife has just informed me that she is in need of treatment for alcohol abuse and is starting to begin AA classes tomorrow. I'm not sure whether or not she is seeking a rehab type of treatment, however she has asked her parents to come into town and I'm worried that she is planning on giving them guardenship while she is away( if she does leave ) We have joint custody with her having 51% of custodial rights. Is it possible for her to do this without giving me the option of him staying with me? She has been having some problems prior to this as well and I feel like this takes the cake. I would like to do what is in the best interest of my son and I feel like I can provide him a secure and safe enviroment with me. I'm not sure how to approach this and any help would greatly be appreciated.
2 Answers from Attorneys
It's very simple. You need to consult your divorce attorney. If you didn't have a divorce attorney, consider getting one. If you can't afford one, you need to file a Motion for Modification of Custody Order. In it, you will ask the judge for temporary 100% physical and legal custody of the minor child because of a "material change in circumstances." The material change, of course, being the mother's alcoholism and need for treatment. The mother cannot simple unilaterally decide to give guardianship to her parents. Your standings trumps that of the grandparents any day. Don't be intimidated and do what's in the best interest of your child.
Best of luck. ******The above is for informational purposes only and does not create an attorney-client privilege.*********
You need to consult your attorney (the one you used in your divorce). If you didn't have one, get one now. You may need to file to modify your decree.
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