Legal Question in Family Law in Georgia

What can I do, my ex-husband is not honoring his visitation and is not even communicating with his child. He is remarried, and I am not sure at this point if he has a vested interest in our child well-being. We have joint legal custody, but I will like to file for sole physical and legal custody. Again what can I do to take this seek sole physical/legal custody of our child.


Asked on 4/27/10, 6:32 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The worst thing a person can do in such a situation is to create a legal problem when there isn't one. Frankly your idea often is a disaster. You never go to court when you already have what you seek.

You already have, in reality, what you seek. And almost no judge will erase visitation in such a case, but such a case can boomerang against you by giving him a forum - to reduce support, or to claim the lack of visitation is your fault, etc. Many judges will also place all of you in family counseling in such disputes.

There is generally no upside to what you ask, but there is enormous downside.

See a lawyer if you think your circumstances are unusual (such as abuse), but otherwise you have come up with the worst reaction you could come up with, absent unusual facts.

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Answered on 5/02/10, 6:55 pm
Charles W. Field Charles W. Field, Attorney at Law

You already mentioned your solution: file for sole, if that's really what you want to do. However, you should consult with a lawyer first to discuss the pros and cons.

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Answered on 5/02/10, 7:00 pm


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