Atlanta, GA asked in Child Custody, Child Support, Civil Rights and Family Law for Georgia

Q: In GA, why is custody interference considered a civil issue when the statute clearly states otherwise?

I'm in Forsyth County and this ongoing issue and the sherriffs dept not enforcing our parenting plan, has led to severe damage to our child, alienation from me, emotional, psychological and more legal and financial strain and abuse (control) due to me filing contempt. He suesxme for custody. Now I can't afford a lawyer and GA has no legal services available even though I qualify. My son has a 1.2 GPA. I have a stack of police reports of interference with custody, dfacs calls, calls to school, everything I can do to try to get help and I can't find any help. He has a multi million dollar company...thats why I'm here to raise our child in his county with his family and his company for this school system. All govt has failed us. Please help. He's in contempt and I have filed that. Court is next week

2 Lawyer Answers
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Whether an officer elects to file a charge for criminal interference with custody is unfortunately a case by case decision. Another option that you have is to file a warrant application for the interference, which will put that decision before a judge to determine whether there is probable cause for the criminal charge. If the current custody arrangement is no longer working, you should consider also filing a modification of custody action to change the terms of the current agreement or order.

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, this is a case-by-case situation. You may want to consult with an attorney who can review the facts of your case in detail and present you with the options. - Homer P. Jordan IV, Esq. 404-620-1558

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.