Douglas, GA asked in Family Law for Georgia

Q: My husband and I want to file for custody of my step kids. What are our chances?

Their mother has a revolving door of men coming in and out of our kids lives, and one was accused of molesting my stepdaughter. After filing a police report, and charges were pending, unbeknownst to my husband, she moved back in with the accused man. She told my husband the charges were cleared up, but they weren't. She gave up their baby for adoption, and is now having another mans baby which she is placing up for adoption. It's emotionally messing with my stepdaughter. They've moved several times in the past 2 years, including out of state. We know she speaks badly about my husband to the kids. We are worried for our kids. My stepson hasn't really grown any and is always sick. There have been times where she wouldn't let my husband talk to the kids. We want to see them, but she won't meet us, and they are 5.5 hours away, a long drive for our two other kids. My husband has a steady job with the army, i'm in school full time for a teaching degree.

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1 Lawyer Answer
Eric J. Garber
Eric J. Garber
  • Augusta, GA
  • Licensed in Georgia

A: If everything you state is true, you have a very high chance of success in modification of custody action. You need to speak with a local family law attorney in your area as soon as possible and start taking the steps necessary to initiate a modification action. For reference, O.C.G.A. 19-9-3(a)(3) lays out the factors considered by the Court in making a custody determination, and you seem to be on balance the better living environment for the step-children. Again, you need to speak with a local family law attorney as soon as possible; do not delay in taking action, as that will only prejudice the court against you (e.g., "well it must not be that big of a deal since you waited so long before bringing it to the court's attention...").

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