Legal Question in Family Law in Georgia

Domestice abuse and want full child custody

My husband and I have been married for almost two years now. He abused me right away and even when I was pregnant. He did not fully sotp abusing me until after Mother's Day 2003. I told only his parents, but they chose to do nothing. I have problems forgiving him and his parents. I do not allow his parents to see my son. They do not respect me and treat me like I am no one. I want to know if I were to get a divorce would I be able to get full custody and would I be forced to allow my husband's parents to see my son? I want to know how I can prevent my husband's parents from seeing my son. My son does not know them so there is no loss in him not seeing them. It is bad for him to sense and feel the tension between all of us anyways. I am not sure if I will divorce my husband. I am trying to work at forgiving him. I just want to know if I will get full custody and if I can prevent his parents from seeing my son.

Thank You,

Mary Nhar Matko


Asked on 9/29/03, 1:38 pm

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Domestice abuse and want full child custody

Too hard to say at this point. If you can prove he abuses you, it will help some, but if he can show he never abuses the child it might not be fatal to his custody claims. In Georgia, a mother usually has a better chance at sole custody than a father does, but joint custody is hardly out of the question. So, you cannot be certain you can win on that.

If you file for divorce, the grandparents can get visitation rights if they apply to the court during the proceeding. Unless there is some reason to believe they will abuse or neglect the child, they will likely be successful. They cannot legally be held responsible for his abuse of you, even though they are taking no effective action to stop him. I doubt they are actually encouraging him to do it, but if they were, that might have some effects on their getting court-ordered visitation, but how could you ever show that?

The overriding question, since you want to forgive him, is how realistic do you think it is to expect that he has permanently stopped? He needs to address the behavioral disorder/sociopathic aspects of such behavior. You might insist he gets some counseling about it to reinforce the small progress he's made. And, you might make it abundantly clear to him that the next time he hits you, you are going to call the police, or get a temporary protective order against him under the Family Violence Act and have him at least temporarily removed from the premises, or both. You can be forgiving, but you can also be firm. At a minimum, you should insist on marriage counseling. There may be occasions where men spontaneously come to grips with this on their own, stop the behavior, and never repeat it. But, they are in the minority. Usually, it takes intervention of some kind. How long can you live in fear?

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Answered on 10/03/03, 6:44 pm


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