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-   -   Child custody case (https://www.askmehelpdesk.com/showthread.php?t=302124)

  • Jan 11, 2009, 12:46 PM
    junebug620
    Child custody case
    I have had legal custody of my daughter since the day she was born. We live in GA. Her biological father gave up his rights and my husband at the time adopted her when she was 4 years old, she is now ten. We have been divorced for two years now. He just won temporary custody of her and I don't know how this happened. There were no grounds for the judge to award him temporary custody. There is no issues with Drugs or Alcohol or Abuse. His attorney had pictures of me with female friends and tried to make out to be a lesbian. I have been friends with these girls for 12 years. Even if I was (which I'm not), should this even been aloud in court?My daughter even told the judge she didn't want to live with him. We go back to court in June. Is there any way I can go to the county they live in and request an emergency hearing to get her back before then? Or can I request a new change of venue, because I really believe the judge was bought. He had his mind made up before we even walked in the court room. Please help!
  • Jan 11, 2009, 01:02 PM
    ScottGem
    He had an attorney and I bet you didn't. So the first thing you need to do is get yourself an attorney. Since he won temp custody, its unlikely to be overturned.

    But if you try to fight this on your own while he has an attorney, likelihood is you will lose.By the way, forget the fact that he adopted her. He's her legal father and that's all that matters.
  • Jan 11, 2009, 01:55 PM
    junebug620
    Quote:
    Originally Posted by ScottGem View Post
    He had an attorney and I bet you didn't. So the first thing you need to do is get yourself an attorney. Since he won temp custody, its unlikely to be overturned.

    But if you try to fight this on your own while he has an attorney, likelihood is you will lose.By the way, forget the fact that he adopted her. He's her legal father and that's all that matters.
    I had an attorney, neither one of us were expecting this.. His attorney as the whole county in his back pocket. That's why I need to know if I can change it to the county they live in and get an emergency hearing from another judge.. and I will be getting a new attorney.
  • Jan 11, 2009, 01:59 PM
    ScottGem

    It depends the wording of the order. Generally custody hearings have to be filed in the place where the child resides. So, if he moved after the hearing, you may be able to get it moved.
  • Jan 11, 2009, 03:02 PM
    junebug620
    Quote:
    Originally Posted by ScottGem View Post
    It depends the wording of the order. Generally custody hearings have to be filed in the place where the child resides. So, if he moved after the hearing, you may be able to get it moved.
    We live in different countys.. he filed in the county I live in, but now that he awarded her father temporary custody then I thought maybe I could file in his county to get another hearing
  • Jan 11, 2009, 03:30 PM
    Fr_Chuck

    Temp custody is just that, temp. There is going to have to be a hearing latter to decide unless it is in the order to turn into a final order latter.

    You will find that in GA, esp some of the smaller areas, life style choices is still not looked on equally by all courts. There is no protection for these rights under the law as a minority group.

    But I would agree it sounds like he had an attorney and you did not, and he just out lawyered you,
  • Jan 11, 2009, 05:00 PM
    junebug620
    Quote:
    Originally Posted by Fr_Chuck View Post
    Temp custody is just that, temp. There is going to have to be a hearing latter to decide unless it is in the order to turn into a final order latter.

    You will find that in GA, esp some of the smaller areas, life style choices is still not looked on equally by all courts. There is no protection for these rights under the law as a minority group.

    But I would agree it sounds like he had an attorney and you did not, and he just out lawyered you,
    Well since they live in a different county can I go there and ask for an emergency hearing to try and get her back before we go back to court in June?
  • Jan 11, 2009, 05:20 PM
    Fr_Chuck

    This is a tough call, in GA, the child and parent have to live in a area for 6 months to have jurisdiction, so I "think" the court where you lived with the child is still the correct one till the child is lived there for 6 month.

    I don't see that happening, since the current court has a ongoing case, I doubt the new one will interfere with it.

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