Legal Question in Family Law in Georgia
My ex-wife and I divorced about 2 years ago. We have joint custody, but I have physical custody. Some aspects of our divorce we have modified in agreement with each other. Others we disagree. One of the conditions of the divorce is no "having overnight guests of the opposite sex to whom they are not married in the presence of their child". My ex has had numerous "guests" even when our kids have been there. I am wanted to move my fiance and her 2 kids in with me, and although my ex was originally ok with it and said she would not disapprove, now they are living with us, she is threatening to sue me for full custody of the kids. Does she have a case?
3 Answers from Attorneys
You need to have a local attorney review the original decree as well as review what PROOF you have that the other items you mentioned have been agree to.
It sounds like you and she from time to time have agreed to disregard the original order. Neither of you have the right to do that, and you may have a major problem now by deliberately violating a court order. On Monday, get a lawyer. Have them read the papers and see what, if anything, you need to do. Do not delay. This is not something you can do online. You need to go see a lawyer.
Both of you are in violation of the court's order. However, you need proof of the violation to combat her allegations. Additionally, it is unlikely that custody will be switched simply because of these joint violations. However, because you are engaged, you may want to be proactive and file a motion to modify the custody order.
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