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

Q: What petition can I file to a court that involves my mother lying on anofficial court petition? Is it illegaltolie on pe

My mother lied multiple times on a petition to take my kids. She said I abandoned my kids when I did not. She kicked me out and I let my kids stay with her to have consistency but I was there every day with them, picking them up from school and caring for them until they went to bed. And on weekends I was there. I went to get help with my mental health for a week and she convinced me to sign her "temp guardianship" forms so she could "get them medical treatment if needed while I was gone". After that she refused to let me talk to them or see them for up to 15 days not including while I was gone. She went to their schools while I was seeking treatment and told them I was not allowed to pick them up. She tried to make me jump through hoops just to speak to my kids. Now I see them everyday again and I am working to get a house so I can get custody back. Whenever she gets mad she tells me I can't see them or makes up reasons why I can't come by or get them.

1 Lawyer Answer
Zachary Taylor Beck
Zachary Taylor Beck
  • Divorce Lawyer
  • Rome, GA
  • Licensed in Georgia

A: This boils down to an evidentiary question. Contest your mom's allegations with your own evidence (i.e. witnesses, phone records, etc.) in court and it is up to the judge or jury to determine what is credible evidence and therefore "fact." Remember, petitions merely consist of good faith allegations that can later be proved wrong. There is nothing "illegal" in making good faith allegations in a petition that later turn out to be false.

Theoretically, the court could hold your mom in civil/criminal contempt for "lying" but I imagine that is incredible rare and the court would do it sua sponte (on its own), not because of anything you would file/do. The D.A. could possibly seek perjury charges. However, again, this would be incredibly rare because this is merely allegations in a petition, not sworn testimony, and in the domestic relations (i.e. family law) context emotions are high and I imagine it is difficult to prove the witness/party had the specific intent to lie.

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