Child custody?

Question

My wife is taking her ex husband to court for modification of child support. He called her today and said that if she takes him to court then he will take her to court for custody. My daughter (well actually my step daughter I should say) is 14 and I know in Georgia at the age of 14 the child has the right to decide who they wish to live with unless the parent is unfit. My wife is very upset because he told her he was going to sent some court documentation about an arrest she had in 2001, to her parents and everyone she knows if she didnt drop the case. In 2001 she had alot of medical problems and she worked at a doctors office and stole a prescription pad and wrote a prescription and filled if for Xanax, she served one year of probation. I have two questions, 1. Is what he telling her against any laws, I see it as a threat? 2. Would she have anything to worry about as far as custody? She only takes prescription drugs now and does not abuse them in anyway.

Answer 1

He is threatening her and that is illegal. If she did that and served her probation time, she has no problems. The courts are usually in favor of having the mother give most time to rearing the children unless she is totally unfit and it can be proved. Tell her not to be afraid of him and to stand up and say go ahead and tell them. They are the courts and they have access to her record and probably already know about it. Been there, done that, and the judge just told my ex he was wasting his breath and forget it.

Answer 2

It would be inappropriate for anyone but an attorney licensed in the proper state to give specific answers to your question. I am guessing from your question that this is in Georgia.

Your wife needs to consult an attorney licensed in Georgia. If the divorce action wasn't in Georgia, she should consult an attorney who is licensed in the state where it occurred.

CAVEAT: The following is NOT to be taken as legal advice. It is intended as general information about custody matters only. For specific information on legal advice, consult an attorney in your state.

A criminal conviction from a long time ago will generally have little effect on a custody matter happening now. The Court looks at the current situation, and how the family dynamics are happening at the present time. They also look at the entirety of the situation. Judges are human also. If your wife files for an increase in child support, and her ex-husband files for a change in custody, that is pretty transparent, and obvious to any observer.

Bottom line: She needs to retain an attorney as soon as possible to represent her in this matter. If she doesn't have an attorney, contact your local or state bar association for a referral.

Answer 3

I hate to say it, but child custody battles can get really nasty and they can literally turn into battles of who can bash who the best. Fortunately, most judges are pretty careful about what kind of stuff they allow into the court room; most are not going to let parents banter and squabble openly in the court room. Honestly, the deal about the prescriptions is a possible potential problem; it was illegal. You and your wife need to talk about how badly you really need the extra child support - whether it is a necessity or whether she is just trying to penalize him. If there is the possibility of losing custody, you have to weigh all of the possible consequences. It's a really difficult situation - custody battles are never fun for anyone. My best advice is to try not to let your emotions or your/your wife's conflicts with the ex-husband negatively effect your daughter. In my opinion, and hopefully yours, she should be the most important person to protect.

Answer 4

there is not any such situation as a militia divorce. All divorces are civil concerns. however, the quantity of toddler help is in accordance with earnings. If there's a court order in place that states how lots toddler help he ought to pay, then that's what he needs to pay. the only way he would desire to petition the courts to diminish the quantity is that if his circumstances replaced and he unexpectedly began making critically much less funds. As for sending greater funds each and every time his ex asks for it, he isn't obligated to do this and he's in fact a fool to accomplish that.