Dalton, GA asked in Family Law for Georgia

Q: Is there a way to legally obtain a dfacs case information on an ex step child for a visitation modification hearing?

My brother was granted full custody of his two children in California in a divorce the mother and her 16 year old daughter from a previous marriage came back to Georgia, and the half siblings was taken away by dfacs before the divorce was final, she was given summer visitations,Since she seemed to be back on track The older half sister has now been taken away a second time by DFCS my brother has filed a visitation modification so his 11 and 7-year-old do not have to come out for a visit this summer in an unsafe environment is there anyway he can obtain the information of removal to present to the judge in his visitation modification hearing other than the half siblings account, or just saying it happened

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2 Lawyer Answers

Ellaretha Coleman

  • Atlanta, GA
  • Licensed in Georgia

A: He needs to seek counsel immediately. If there is an open dependency case and a child has been recently removed from mom's home, she may not even be allowed to have unsupervised visits with her other minor children. He should consider filing an emergency petition to address the upcoming visitation periods and any further modification of custody under these circumstances.

1 user found this answer helpful

P. Justin Thrailkill

  • Fayetteville, GA
  • Licensed in Georgia

A: His attorney can subpoena the records, but dfcs will fight it. Typically they are allowed to review the records in camera, but out of state that may not work.

1 user found this answer helpful

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