Legal Question in Family Law in Georgia

I am recently divorced and my ex has residential custody of my children in Georgia. Part of our custody agreement states that either parent will have the unobstructed ability to telephone communication ( providing calls are made at a reasonable hour) with the children. This agreement was finalized last month. Since then, my ex has had my son's cell phone turned off and she has changed her number. She is also active duty military. My question is two fold: My son ( 13 years old) recently visited and expressed to me his desire to live with me. He is the middle child between my daughter and his half brother and he feels very much neglected. What, if any, recourse do I have to obligate her to not interfere with my ability to communicate with my children and what can I do to have the residential custody of my son revisited?

Asked on 8/16/13, 5:47 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office

You have two issues that require you to immediately retain a lawyer.

First of all, a lawyer can file a contempt to compel your ex to allow communication, under penalty of jail and paying your legal fees.

Second, the lawyer can determine if you have sufficient grounds to get a modification.

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Answered on 8/16/13, 6:05 pm

Tahira Piraino Tahira P. Piraino

If your ex has refused contact and is in violation of the order, you can file a contempt against her and request attorney fees. In order to file a change of custody, there needs to be a change of circumstances. You may or may not have that here, based on the limited information provided. In Georgia a 14 year old can elect which parent he/she resides with. That is considered a change of circumstance and you could file to modify. The Judge would still review based on the best interest of the child. I suggest you speak with an attorney.

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Answered on 8/17/13, 5:48 am

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