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

Q: Just got out of jail for contempt back child support, $8600 to get out and was also stripped of visitation rights. Help!

So yes, wife and I divorced 2014. I tailspun out and was homeless, addicted, mentally lost it a few times, once ended up at a psych place for evaluation etc. 2017, and a couple attempts in 2016 I began trying to pick up myself up and wanted better. Prior to this, was always honest with exwife and her being financially sound still saw my kids but only if it was at her and her new husband's house with them there. Several times this all didnt go well and often had cops called me, tempers, insecurities often the cause. 2017 till now, most of time was spent trying to be a sub contractor/specialty contractor, in a field I knew nothing about and still battling dependency, met my future wife, she was pregnant unbeknownst when first met but have been raising son as mine. As of now, i have managed to keep stable residence and all Bill's paid barely at times, for 3 years, with my now wife and son and soon to be son. I just got out, I dont know what to do and am broke. So much more info...

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

A: What is your question for us? Are you wanting your visitation rights back? If so, you need consult with an attorney who can review the details of the case and provide you with guidance. If you cannot afford an attorney try reaching out to the Legal Aid office to see if you qualify for assistance there.

Kedra M Gotel
Kedra M Gotel
Answered

A: First, I would like to express my sincere condolences for your current situation. As a child support attorney, I am aware of the frustrations surrounding child support arrearages. It is great you were able to purge the amount and be released from jail. On another note, if the mother of your child is withholding visitation you should file a contempt action if you have been awarded visitation or some form of custody by a court in Georgia or an out of state Court. Georgia law is very clear or explicit as it concerns withholding visitation for failure of the other parent to pay child support. Georgia also provides that a Court can prevent the other party from presenting any evidence in defense of his/her matter if they have withheld visitation solely because the other party has failed to pay child support as it becomes due. If you have not been awarded some form of physical custody then you need to initiate a Legitimation action in the county where the mother and child resides.

You should schedule a legal consultation with a competent attorney in your area. If you are unable to retain an attorney then you should probably make contact with the legal aid office in your county to seek assistance with your legal matter. I wish you the best!

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