Question:

My ex-wife moved our children out of the county we both resided in and placed them in new school districts. The move has also prevented me from exercising my full allotment of parenting time, and I would like to file for temporary child custody.

Is there a way I can get temporary custody for the remainder of the school year so the children’s lives are minimally disrupted and then we can figure this out over the summer? I just think it’s wrong to make this move toward the end of the school year.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia divorce and child custody laws where I am licensed to practice.

Based on the information you provided, I am not sure if your ex-wife is refusing your visitation, or if she has made it difficult for you to see your children because of the distance.

However, if your ex is refusing to allow your parenting time, or if she is failing to abide by any of the terms of the divorce decree, the law allows for you to file a contempt action.

The contempt can be filed in the same county and under the same civil action number as the divorce. Once a contempt action is filed the Plaintiff can immediately request a court date. The hearing will be set based upon the court’s calendar.

Read Related Article: Changing School Districts

There is also the option of requesting a temporary hearing. At a temporary hearing the judge can rule on temporary custody, visitation, child support, etc. Again, this hearing will be set based upon the court’s trial calendar availability.

In general, it is always within the Judge’s authority to determine custody of a minor child and the judge shall determine what type of child custody/visitation arrangement is in the child’s best interest.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.