Need someone to point me where to go

Submitted by jadelow75 on Thu, 05/29/2014 - 14:09

Hello!! Just need some help on where to go. My ex and my son move to GA about 6 years ago. I was in jail for about 6 months (drug problem been clean now for 8 years) Our divorce (from Maryland) states we have joint custody with my son staying with him. We were on ok terms for a bit and he did take me to court for support (he does not have a job so he says) and we came to terms between us what I could pay...I lost my job and was still sendg what I could. I did get a job and that is when all HE$$ broke lose...My EX is a piece of work..he was physical and verbally abusesive and I would also just do what he said or wanted because of my gulit. Well no more...I want my son to come and live with me now...we have a relationship he comes up in the summer...etc but know the EX is filling his head with stuff...He is 14...I need to know where do I start? Do I have to get a laywer in GA or can I get one here? Any help would be appricated.     

 I believe usually, you would have to file for changes in the jurisdiction/county that your child has lived in for at least 6 months which is probably where he resides now. In your situation, this does not seem like the case since a court order was already entered in Maryland. Try speaking with an attorney in the state the order was entered first.

In the event his jurisdiction has been changed according to the court (I dont know or think this is possible) it is best to get a lawyer in the state the child lives since custody laws differ by state.

Judges normally like to keep the status quo, especially if you consented to the change of state at first, so it it may be hard for you to get a change in physical custody if your ex is doing a good job raising your son and your son enjoys living wth him. (he would have to leave behind his school, his friends, etc.) If you did not consent to the change of state, you may have an argument. If you want more custody simply because you do not want to pay more child support, it will surely show in court. Im sure this is not the case. Talk to a lawyer asap and good luck.

Although this site is a ghost town, the people still here would love to see an update in the future!

I also believe that you are facing an uphill battle with respect to modifying custody of a son over age 12 or so. The Court will likely take the child's wishes into consideration, and my understanding is that (typically), judges favor keeping adolescent sons with their fathers absent a very substantial imminent harm to the child.

(Not legal advice): If I were you, I would work with your ex, and the courts to maximize your parenting time, but I would not try to change primary custody. Others may disagree...?

Best wishes to you and your son!