Asked in Family Law and Child Custody for Georgia

Q: If my ex is having his new wife do everything for him and badmouths me to my son, what can I do? Back to court?

We have a custody agreement. I am primary custodian

Related Topics:
2 Lawyer Answers
Patrick L. Meriwether
Patrick L. Meriwether
Answered
  • Divorce Lawyer
  • Woodstock, GA
  • Licensed in Georgia

A: If you already have primary custody, I am not sure there is anything to gain by going back to court concerning the new wife. If he is disparaging you to your son and your agreement has an anti-disparagement clause (anti-'badmouthing' clause), you could bring a Contempt of Court action. One of the things to consider, however, is what evidence do you have. Some evidence is admissible and some not. It might be worth sitting down with an attorney for a consultation to discuss your options and review the evidence you have. You can also consider reaching out to him about the comments he is saying about your son. There is a way to do it, and a way not to do it however. For examples of what I am talking about, you can listen to our podcast Divorce Team Radio available in most podcast directories. It is episode 23. There are also good co-parenting shows there, like Episode 97 and 84.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. Whether or not this meets the definition of contempt depends on the facts. You would also need evidence of this happening. Your better route to take may be to have a discussion with him or attend a parenting class together, where you can both agree to be amicable for the sake of the children. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.