In this video I’ll be discussing the law regarding modification of child custody when a parent moves or relocates out of the state of Georgia, or otherwise the parent moves long distance with the children, or what is known as move-away cases. There are three questions to ask regarding a relocation or a move out of state. First, for the primary parent, what are your risks of losing custody of your child if you move your child out of state? And for the secondary or non-custodial parent, what can you do to keep your children from moving away from you? Can I actually lose custody of my kids?
A parent’s move from Georgia or even from the Atlanta Metro area, if it is long distance, is by itself considered to be a material change of circumstances sufficient to modify your children’s custody and get you into court. The law in Georgia on the issue of what happens to child custody if a parent moves out of the state of Georgia was turned upside down about a decade ago upon a Georgia Supreme Court decision of Bodne vs. Bodne.
Prior to the Bodne decision it was extremely difficult to prevent the primary parent from leaving the state of Georgia or from leaving the Atlanta Metro area with the children. In fact, it was so difficult that as a matter of law the custodial parent could almost move at will, as long as they gave their 30-day notice of the move.
After the Bodne decision however this is no longer the case, and it revolutionized child custody law in the state of Georgia. The issue really revolves around a change of the legal perception of what the best interest of the children is. The prior law assumed if the primary parent’s happy, the children will be happy so let the primary parent move as they will, no matter where he or she lives. So a long-distance move out of state was not even considered relevant to modify in child custody.
This legal fiction persisted in the state of Georgia until the Bodne decision was made. What the Georgia Supreme Court recognized in the decision is that happiness of one parent does not necessarily relate to the best interests of the children. The move may make the primary parent happier, but did this parent consider the effect that this has on a non-custodial parent of the children? After the Bodne decision it is now critical that custodial parents need to keep these issues in mind before they move and plan out very carefully any long-distance move with the children they may want to make.
The Bodne decision also gives the noncustodial parent a legal ground to challenge any long distance move that the custodial parent may want to make with the children and contest the proposed out-of-state or long-distance move. It is undeniable that a parent as a free American can move wherever he or she wants to move, but that does not mean that you get to take the children with her. The noncustodial parent now can go to court and say that does not mean he or she can also take my children. No matter how you look at the Bodne decision, it dramatically changed the power structure between custodial and noncustodial parents in the state of Georgia and makes clear that there’s no rule of thumb that custodial parents necessarily know what is best as to where the children should live or the custodial parents always keep foremost in their mind the best interest of their children when that parent plans on moving or relocating from the state of Georgia with the children.
If you wish to move out of state with your children, you need to carefully plan and consider your move. And if you wish to stop your children from moving from Georgia or even just the Atlanta Metro area, you may have a legal solution in that the move is now a legal ground to ask the court for a modification of the child custody of your children. My name is Scott Shaw, and we will be happy to field your calls and inquiries. Thank you.
By: Scott Shaw
In this video I’ll be discussing the law regarding modification of child custody when a parent moves or relocates out of the state of Georgia, or otherwise the parent moves long distance with the children, or what is known as move-away cases. There are three questions to ask regarding a relocation or a move out of state. First, for the primary parent, what are your risks of losing custody of your child if you move your child out of state? And for the secondary or non-custodial parent, what can you do to keep your children from moving away from you? Can I actually lose custody of my kids?
A parent’s move from Georgia or even from the Atlanta Metro area, if it is long distance, is by itself considered to be a material change of circumstances sufficient to modify your children’s custody and get you into court. The law in Georgia on the issue of what happens to child custody if a parent moves out of the state of Georgia was turned upside down about a decade ago upon a Georgia Supreme Court decision of Bodne vs. Bodne.
Prior to the Bodne decision it was extremely difficult to prevent the primary parent from leaving the state of Georgia or from leaving the Atlanta Metro area with the children. In fact, it was so difficult that as a matter of law the custodial parent could almost move at will, as long as they gave their 30-day notice of the move.
After the Bodne decision however this is no longer the case, and it revolutionized child custody law in the state of Georgia. The issue really revolves around a change of the legal perception of what the best interest of the children is. The prior law assumed if the primary parent’s happy, the children will be happy so let the primary parent move as they will, no matter where he or she lives. So a long-distance move out of state was not even considered relevant to modify in child custody.
This legal fiction persisted in the state of Georgia until the Bodne decision was made. What the Georgia Supreme Court recognized in the decision is that happiness of one parent does not necessarily relate to the best interests of the children. The move may make the primary parent happier, but did this parent consider the effect that this has on a non-custodial parent of the children? After the Bodne decision it is now critical that custodial parents need to keep these issues in mind before they move and plan out very carefully any long-distance move with the children they may want to make.
The Bodne decision also gives the noncustodial parent a legal ground to challenge any long distance move that the custodial parent may want to make with the children and contest the proposed out-of-state or long-distance move. It is undeniable that a parent as a free American can move wherever he or she wants to move, but that does not mean that you get to take the children with her. The noncustodial parent now can go to court and say that does not mean he or she can also take my children. No matter how you look at the Bodne decision, it dramatically changed the power structure between custodial and noncustodial parents in the state of Georgia and makes clear that there’s no rule of thumb that custodial parents necessarily know what is best as to where the children should live or the custodial parents always keep foremost in their mind the best interest of their children when that parent plans on moving or relocating from the state of Georgia with the children.
If you wish to move out of state with your children, you need to carefully plan and consider your move. And if you wish to stop your children from moving from Georgia or even just the Atlanta Metro area, you may have a legal solution in that the move is now a legal ground to ask the court for a modification of the child custody of your children. My name is Scott Shaw, and we will be happy to field your calls and inquiries. Thank you.
By: Scott Shaw
In some respects, child custody cases should be the easiest of all cases. After all, we all know that the legal standard is the best interest of the children, right? But if that is as far as your attorney goes in evaluating your case, then you’re going to have some real issues. Just stop to consider, for example, what does the best interest of the children actually mean?
The phrase is actually defined under Georgia law into 17 specific elements that, in total, equate to the best interests of the children. In general, the factors are – or at least three or four – are: love and affection between each parent and the child, the capacity and disposition of each parent to give the child love, and affection, and guidance, and educate the child, each parent’s knowledge and familiarity of the child and the child’s needs. I want to stop with just these three elements, as these are the elements that most people – if you asked them on the street – would probably refer to as what the best interests of the child are. But there are some real problems if that is all you build your case on.
First is what if the other party can prove that they are functionally equal, or at least not too far behind the other parent in regard to these elements. One does not need to be the primary caretaker or a stay at home parent. Those who have strong bonds, love, affection, and knowledge of their child’s needs. Good stay at home parents do not have a monopoly on these elements. Sometimes, all you have to show is that the other parent – even if not the stay at home parent or primary caretaker – is nearly as good as a stay at home parent is, and you can practically make a draw out of these elements.
This also ignores the other 14 elements under the statute that together comprise the best interest of a child. As an example, here are a few common ones: Sometimes they’re half-siblings, and one element is the love and affection between siblings. Or how about the capacity of each parent to provide a better home environment, including the financial ability to do so – i.e., modern courts understand that the stay at home parent will need to get a job. They will demand they get a job, and what will the child’s environment be with the stay at home parent once he or she gets a job?
Which parent has stability, owns the home, has a long-term job, can keep the child in their present schools with their present friends?
Here’s a big one: the ability of each parent to co-parent with each other. Each parent’s character and ability to act as a role-model to provide guidance for the child? In the end, what the court considers when awarding child custody is the best interest of the child. The best interest of the child is not simply what the judge thinks it is, just because. No. The best interest of the child is defined by Georgia statute as 17 different elements. If you want to win a child custody case, you need to focus on these elements and apply the facts of your case to these elements.
By: Scott Shaw
In some respects, child custody cases should be the easiest of all cases. After all, we all know that the legal standard is the best interest of the children, right? But if that is as far as your attorney goes in evaluating your case, then you’re going to have some real issues. Just stop to consider, for example, what does the best interest of the children actually mean?
The phrase is actually defined under Georgia law into 17 specific elements that, in total, equate to the best interests of the children. In general, the factors are – or at least three or four – are: love and affection between each parent and the child, the capacity and disposition of each parent to give the child love, and affection, and guidance, and educate the child, each parent’s knowledge and familiarity of the child and the child’s needs. I want to stop with just these three elements, as these are the elements that most people – if you asked them on the street – would probably refer to as what the best interests of the child are. But there are some real problems if that is all you build your case on.
First is what if the other party can prove that they are functionally equal, or at least not too far behind the other parent in regard to these elements. One does not need to be the primary caretaker or a stay at home parent. Those who have strong bonds, love, affection, and knowledge of their child’s needs. Good stay at home parents do not have a monopoly on these elements. Sometimes, all you have to show is that the other parent – even if not the stay at home parent or primary caretaker – is nearly as good as a stay at home parent is, and you can practically make a draw out of these elements.
This also ignores the other 14 elements under the statute that together comprise the best interest of a child. As an example, here are a few common ones: Sometimes they’re half-siblings, and one element is the love and affection between siblings. Or how about the capacity of each parent to provide a better home environment, including the financial ability to do so – i.e., modern courts understand that the stay at home parent will need to get a job. They will demand they get a job, and what will the child’s environment be with the stay at home parent once he or she gets a job?
Which parent has stability, owns the home, has a long-term job, can keep the child in their present schools with their present friends?
Here’s a big one: the ability of each parent to co-parent with each other. Each parent’s character and ability to act as a role-model to provide guidance for the child? In the end, what the court considers when awarding child custody is the best interest of the child. The best interest of the child is not simply what the judge thinks it is, just because. No. The best interest of the child is defined by Georgia statute as 17 different elements. If you want to win a child custody case, you need to focus on these elements and apply the facts of your case to these elements.
By: Scott Shaw
In this video, I will be discussing the topic of what is joint custody in the state of Georgia. There are two kinds of custody of children in the state of Georgia, and they are legal custody and physical custody.
Legal custody is the power to make decisions for a child related to the child’s health and moral well-being, education, extracurricular, and religious upbringing. Physical custody is the power to have the child primarily reside with you.
Joint legal custody, or the shared power to make major decisions for a child, is routinely granted to parties in the state of Georgia, without the need to fight over it. The reason why it is awarded so easily, is because a usual language awarding joint legal custody is as follows: both parents shall discuss major decisions affecting their child’s health, education, extracurricular, religion, and moral upbringing. And if after discussion between the parties they do not agree, then mother shall have final decision making power. It is not real joint custody. If you want true joint custody, it is a big issue. So don’t settle for this language.
Now let’s move to physical custody, and specifically, joint physical custody. From vast experience and a reality check, if your case goes to trial, accepting a minority cases, the court is not going to award joint physical custody. The best way to get a real joint physical custody arraignment in Georgia, is to avoid a trial altogether if you can. Get a settlement agreement. If the other party won’t willingly settle, you have to give the other party reason to settle.
And the best way to give the other party reason to settle is to build a solid case that gives real reason to fear going to trial, meaning, even if you don’t necessarily want primary custody, but you just want joint custody, you often have to act as if you do want primary custody, in order to get a joint physical custody arraignment at settlement. Georgia’s courts these days are much more receptive to joint physical custody than they used to be. That is a custody arraignment is sometimes 50/50, and if not 50/50, then much more than the traditional every other weekend sort of arraignment that used to be so common.
Often parties settle for labels. They will say they have joint custody, just because they say they have joint legal custody without understanding the substance behind it. But it’s important to understand that joint custody does not mean what it says, and to understand and fight for true joint custody and not just joint custody in name only.
By: Scott Shaw
In this video, I will be discussing the topic of what is joint custody in the state of Georgia. There are two kinds of custody of children in the state of Georgia, and they are legal custody and physical custody.
Legal custody is the power to make decisions for a child related to the child’s health and moral well-being, education, extracurricular, and religious upbringing. Physical custody is the power to have the child primarily reside with you.
Joint legal custody, or the shared power to make major decisions for a child, is routinely granted to parties in the state of Georgia, without the need to fight over it. The reason why it is awarded so easily, is because a usual language awarding joint legal custody is as follows: both parents shall discuss major decisions affecting their child’s health, education, extracurricular, religion, and moral upbringing. And if after discussion between the parties they do not agree, then mother shall have final decision making power. It is not real joint custody. If you want true joint custody, it is a big issue. So don’t settle for this language.
Now let’s move to physical custody, and specifically, joint physical custody. From vast experience and a reality check, if your case goes to trial, accepting a minority cases, the court is not going to award joint physical custody. The best way to get a real joint physical custody arraignment in Georgia, is to avoid a trial altogether if you can. Get a settlement agreement. If the other party won’t willingly settle, you have to give the other party reason to settle.
And the best way to give the other party reason to settle is to build a solid case that gives real reason to fear going to trial, meaning, even if you don’t necessarily want primary custody, but you just want joint custody, you often have to act as if you do want primary custody, in order to get a joint physical custody arraignment at settlement. Georgia’s courts these days are much more receptive to joint physical custody than they used to be. That is a custody arraignment is sometimes 50/50, and if not 50/50, then much more than the traditional every other weekend sort of arraignment that used to be so common.
Often parties settle for labels. They will say they have joint custody, just because they say they have joint legal custody without understanding the substance behind it. But it’s important to understand that joint custody does not mean what it says, and to understand and fight for true joint custody and not just joint custody in name only.
By: Scott Shaw
Hello, my name is Scott Shaw, and in this video I’m going to be discussing the rights of unmarried fathers, and to start with, I’m just going to pound this point into the ground because I’m asked this all the time, and my unmarried father clients seem not to believe me and is a very common circumstance that occurs where a child is born to an unmarried couple, and the couple lived together, and they raised the child together, or the father even raised the child by himself. Thereafter, I’m contacted by the father because the mother is making threats or has taken the child or is making a threat to file a paternity suit against the father to get child support set up.
When I speak to fathers in these circumstances, they are astounded. As I tell them, “No, does not matter that you are on the birth certificate. No, does not matter that you raised the child the child’s entire life. No, no, no, no.” None of it matters. It actually does not even matter if you have been legitimated.
As an example, you executed and acknowledged a paternity at the hospital. As long as there has not been any court order granting you custody or visitation rights to your child, mom has all rights to that child, you have none. Until such time the Court issues an order giving you custody rights, there is no other way to obtain your rights but a court order. Albeit under agreed to circumstances, we may be able to get you a custody immediately, but absent that mom has all the power, and you have to get a court order.
I recall one case that I did last year where the father raised his little girl through age three while living with his parents in Georgia. Mom lived with him at his parent’s house. The mother who was unfit felt insulted by some slight or other that she alleged made towards her, and then she alleged abuse, and she picked up the child, and she drove all the way to Florida to live with her drug-abusing and truly abusive father. Alarm bells went off. I was contacted and we filed an emergency motion to get custody of this child, and things were looking good as my client had signed and acknowledged in a paternity. Nevertheless, opposing attorney made a tactical legal argument that my client did not even have standing to file for custody of his own son, and thus his petition for custody should be dismissed.
Long and short of it is that opposing attorney was wrong, but the judge – who was overworked and without a law clerk – threw up his hands. He did not know the law in this area. The case sat on his desk for months. I ended up having to draft a sophisticated brief citing federal and state law with my own court order and getting three different court dates before the judge would even issue an order to get the child back from the state of Florida despite the abuse. We ended up winning the case, but that poor little boy was stuck in that abusive home for six months all because until such time is there a child custody order in place entered by the Court, you have no rights amazingly enough even under these sort of circumstances.
My name is Scott Shaw, and if you have any questions about this or any other family law issues, I’d be happy to take your call or inquiries. Thank you.
By: Scott Shaw
Hello, my name is Scott Shaw, and in this video I’m going to be discussing the rights of unmarried fathers, and to start with, I’m just going to pound this point into the ground because I’m asked this all the time, and my unmarried father clients seem not to believe me and is a very common circumstance that occurs where a child is born to an unmarried couple, and the couple lived together, and they raised the child together, or the father even raised the child by himself. Thereafter, I’m contacted by the father because the mother is making threats or has taken the child or is making a threat to file a paternity suit against the father to get child support set up.
When I speak to fathers in these circumstances, they are astounded. As I tell them, “No, does not matter that you are on the birth certificate. No, does not matter that you raised the child the child’s entire life. No, no, no, no.” None of it matters. It actually does not even matter if you have been legitimated.
As an example, you executed and acknowledged a paternity at the hospital. As long as there has not been any court order granting you custody or visitation rights to your child, mom has all rights to that child, you have none. Until such time the Court issues an order giving you custody rights, there is no other way to obtain your rights but a court order. Albeit under agreed to circumstances, we may be able to get you a custody immediately, but absent that mom has all the power, and you have to get a court order.
I recall one case that I did last year where the father raised his little girl through age three while living with his parents in Georgia. Mom lived with him at his parent’s house. The mother who was unfit felt insulted by some slight or other that she alleged made towards her, and then she alleged abuse, and she picked up the child, and she drove all the way to Florida to live with her drug-abusing and truly abusive father. Alarm bells went off. I was contacted and we filed an emergency motion to get custody of this child, and things were looking good as my client had signed and acknowledged in a paternity. Nevertheless, opposing attorney made a tactical legal argument that my client did not even have standing to file for custody of his own son, and thus his petition for custody should be dismissed.
Long and short of it is that opposing attorney was wrong, but the judge – who was overworked and without a law clerk – threw up his hands. He did not know the law in this area. The case sat on his desk for months. I ended up having to draft a sophisticated brief citing federal and state law with my own court order and getting three different court dates before the judge would even issue an order to get the child back from the state of Florida despite the abuse. We ended up winning the case, but that poor little boy was stuck in that abusive home for six months all because until such time is there a child custody order in place entered by the Court, you have no rights amazingly enough even under these sort of circumstances.
My name is Scott Shaw, and if you have any questions about this or any other family law issues, I’d be happy to take your call or inquiries. Thank you.
By: Scott Shaw
In this video, I will be discussing the topic of how to modify a child custody in the State of Georgia. A Georgia parent trying to modify a prior child custody order, must demonstrate a material change of circumstances, and not just that the prior court order was a mistake. The fact that that a prior custody order is not in the children’s best interest or was a mistake or was obtained in an unfair manner or any other such issue, is irrelevant to a child custody modification case in the State of Georgia.
All that matters, is that there is a previous court order, a prior court order awarded custody of the children, and the order was not appealed. Once that order becomes final, any future child custody case will be a child custody modification case. The legal standard necessary to win a child custody modification case, is that you have to one, articulate, and then two, prove the existence of the material change in circumstances that effects the welfare of the child since the date of entry of the last custody order. Note, this does not require proving an adverse change of circumstances, but just that something material has changed since the day of the last child custody order that effects the welfare of the child.
For example, Georgia’s new child custody statute specifically states that a material change of circumstances includes the improvement of the health of a party seeking a change in custody. If the improvement of a parent’s health is a material change in circumstances, then why not improvement of that parent’s financial circumstances and their employment circumstances, their marital circumstances.
They’re leaving the military. They’re living next to a golf course, if for example, the child is a prodigy golfer. And a whole host of changed circumstances may qualify. The change in circumstances does not have to be detrimental, but just material to the welfare of the child, but the case needs to be done correctly. What constitutes a change in circumstances for child custody purposes, may or may not be straightforward. If you’re going to file a child custody modification, do it right.
By: Scott Shaw
In this video, I will be discussing the topic of how to modify a child custody in the State of Georgia. A Georgia parent trying to modify a prior child custody order, must demonstrate a material change of circumstances, and not just that the prior court order was a mistake. The fact that that a prior custody order is not in the children’s best interest or was a mistake or was obtained in an unfair manner or any other such issue, is irrelevant to a child custody modification case in the State of Georgia.
All that matters, is that there is a previous court order, a prior court order awarded custody of the children, and the order was not appealed. Once that order becomes final, any future child custody case will be a child custody modification case. The legal standard necessary to win a child custody modification case, is that you have to one, articulate, and then two, prove the existence of the material change in circumstances that effects the welfare of the child since the date of entry of the last custody order. Note, this does not require proving an adverse change of circumstances, but just that something material has changed since the day of the last child custody order that effects the welfare of the child.
For example, Georgia’s new child custody statute specifically states that a material change of circumstances includes the improvement of the health of a party seeking a change in custody. If the improvement of a parent’s health is a material change in circumstances, then why not improvement of that parent’s financial circumstances and their employment circumstances, their marital circumstances.
They’re leaving the military. They’re living next to a golf course, if for example, the child is a prodigy golfer. And a whole host of changed circumstances may qualify. The change in circumstances does not have to be detrimental, but just material to the welfare of the child, but the case needs to be done correctly. What constitutes a change in circumstances for child custody purposes, may or may not be straightforward. If you’re going to file a child custody modification, do it right.
By: Scott Shaw
Hello. My name is Scott Shaw. I’m the founder of Shaw Law Firm, LLC, a law firm I founded in 1995. And today I’m here to talk with you about, if you want to retain custody of your children, do not abuse your power as a primary custodian.
Two recent cases by the Georgia court of appeals and the Georgia supreme court, confirms what has long been common sense advice, but that is not so commonly followed. If you want to keep custody of your children, don’t abuse your authority as the children’s primary parent.
The first case I’m going to discuss is close and dear to me as it is my case. It’s a case that started in 2011. My client is the father, and the mother committed act after act that demean the father. From little things like, at the child’s daycare, each child hung a picture of their family. This child’s picture however consisted of mom and her boyfriend, large and in the center as portrait pictures are, with the words Mom and big daddy scribbled underneath it. And then her biological father in a small three by five, stuck in the side of the photo with the words Little daddy scribbled under it. To much bigger issues, some of them just plain stupid that she did. And this case became one of the most vile I’ve ever worked. The long and short, the mother in this case lost custody of her little girl. This mother is a successful professional. She’ll go skiing in Utah several days a month just on a whim, and she could afford to put her daughter in a private school, versus dad who could not afford to even think of doing anything of that sort.
The court however found that the only antidote to the alienating behaviors of the mother, is to allow the child to be immersed in the father’s household. In separate videos I’ve spoken about how to win child custody cases, whether father or mother. And you do so by following the law and building your case towards the law. The law of child custody in the state of Georgia is 17 different elements, and one element is to facilitate and encourage a close and continuing relationship with the other parent, consistent with the best interest of the child. And this is the exact element that the appeal court decided in upholding my client’s award of child custody of his daughter.
Long and short, had mom not committed these acts she would still have her daughter. In addition to that, the court awarded my client more than $10,000 in attorney fees, because the mother continued with abusive and frivolous motions and litigation. Her attorney argued any and everything under the sun. And all it gained her were enormous attorneys fees, liability for more than $10,000 for my client’s fees, potential for more than 40,000 more in fees to my client, and loss of her daughter. And attorney who refuses to objectively evaluate their client, and handle their case accordingly instead of like a pit bull, is not doing his or her client any favors as this case demonstrates.
A good attorney reads the case and does not blindly make arguments without concern for the consequences, or ignoring their client’s own behavior. In yet another case evidencing this principle, this time the father losing custody to the mother in Blue versus Hamons. The trial court modified custody from the father, who had primary custody, to the mother. The basis for the decision was that the father had willfully acted to withhold visitation, and has continually denied the mother overnight visitation with no good reason. In addition, the father failed to notify his son’s school that the mother had equal rights to the information.
These circumstances were sufficient for the court to find that a change of custody was warranted. This is a fact pattern that is unfortunately not rare. But these sort of cases can be very frustrating. Usually it is the father who is denied visitation. A particular no in this case, was the father’s failure to give the mother equal rights with their child’s school. That is objective and discoverable evidence, that becomes impossible for the father in this particular case to explain a way. In my experience I have found this sort of evidence to be particularly persuasive, and can enrage a judge.
If you want to keep custody of your children, list the other parent on school and other forms. This evidence alone has been critical in winning many child custody modification cases. I do not know if this case reached a level of true parental alienation, that can often exist in such fact patterns like in the first case I discussed. But another thing to note in this case, is that the mother in this case, despite what appears to be good evidence of parental alienation, did not even need to get to the issue of parental alienation to win back custody of her child. The father’s behavior of abusing his power over visitation and information from the school by itself was enough.
The other thing to know in these cases, is that you have to prove your case. Hearsay evidence is not sufficient to prove any fact. We need to gather your evidence in a legal manner, so that it’s admissible at trial and persuasive to the court. I am Scott Shaw. I will be happy to take your phone calls and inquiries. Thank you.
By: Scott Shaw
Hello. My name is Scott Shaw. I’m the founder of Shaw Law Firm, LLC, a law firm I founded in 1995. And today I’m here to talk with you about, if you want to retain custody of your children, do not abuse your power as a primary custodian.
Two recent cases by the Georgia court of appeals and the Georgia supreme court, confirms what has long been common sense advice, but that is not so commonly followed. If you want to keep custody of your children, don’t abuse your authority as the children’s primary parent.
The first case I’m going to discuss is close and dear to me as it is my case. It’s a case that started in 2011. My client is the father, and the mother committed act after act that demean the father. From little things like, at the child’s daycare, each child hung a picture of their family. This child’s picture however consisted of mom and her boyfriend, large and in the center as portrait pictures are, with the words Mom and big daddy scribbled underneath it. And then her biological father in a small three by five, stuck in the side of the photo with the words Little daddy scribbled under it. To much bigger issues, some of them just plain stupid that she did. And this case became one of the most vile I’ve ever worked. The long and short, the mother in this case lost custody of her little girl. This mother is a successful professional. She’ll go skiing in Utah several days a month just on a whim, and she could afford to put her daughter in a private school, versus dad who could not afford to even think of doing anything of that sort.
The court however found that the only antidote to the alienating behaviors of the mother, is to allow the child to be immersed in the father’s household. In separate videos I’ve spoken about how to win child custody cases, whether father or mother. And you do so by following the law and building your case towards the law. The law of child custody in the state of Georgia is 17 different elements, and one element is to facilitate and encourage a close and continuing relationship with the other parent, consistent with the best interest of the child. And this is the exact element that the appeal court decided in upholding my client’s award of child custody of his daughter.
Long and short, had mom not committed these acts she would still have her daughter. In addition to that, the court awarded my client more than $10,000 in attorney fees, because the mother continued with abusive and frivolous motions and litigation. Her attorney argued any and everything under the sun. And all it gained her were enormous attorneys fees, liability for more than $10,000 for my client’s fees, potential for more than 40,000 more in fees to my client, and loss of her daughter. And attorney who refuses to objectively evaluate their client, and handle their case accordingly instead of like a pit bull, is not doing his or her client any favors as this case demonstrates.
A good attorney reads the case and does not blindly make arguments without concern for the consequences, or ignoring their client’s own behavior. In yet another case evidencing this principle, this time the father losing custody to the mother in Blue versus Hamons. The trial court modified custody from the father, who had primary custody, to the mother. The basis for the decision was that the father had willfully acted to withhold visitation, and has continually denied the mother overnight visitation with no good reason. In addition, the father failed to notify his son’s school that the mother had equal rights to the information.
These circumstances were sufficient for the court to find that a change of custody was warranted. This is a fact pattern that is unfortunately not rare. But these sort of cases can be very frustrating. Usually it is the father who is denied visitation. A particular no in this case, was the father’s failure to give the mother equal rights with their child’s school. That is objective and discoverable evidence, that becomes impossible for the father in this particular case to explain a way. In my experience I have found this sort of evidence to be particularly persuasive, and can enrage a judge.
If you want to keep custody of your children, list the other parent on school and other forms. This evidence alone has been critical in winning many child custody modification cases. I do not know if this case reached a level of true parental alienation, that can often exist in such fact patterns like in the first case I discussed. But another thing to note in this case, is that the mother in this case, despite what appears to be good evidence of parental alienation, did not even need to get to the issue of parental alienation to win back custody of her child. The father’s behavior of abusing his power over visitation and information from the school by itself was enough.
The other thing to know in these cases, is that you have to prove your case. Hearsay evidence is not sufficient to prove any fact. We need to gather your evidence in a legal manner, so that it’s admissible at trial and persuasive to the court. I am Scott Shaw. I will be happy to take your phone calls and inquiries. Thank you.
By: Scott Shaw
In this video, I will be discussing child custody modification when a child aged 14 years or older elects to live with the other parent. Georgia’s new child custody law gives both more and less power to children.
A few years ago, the state of Georgia rewrote their laws. One surprising aspect of this rewrite was that the new law made the custody choice of a parent made by a child to his age 14 years or older as a matter of law meaning it’s in and of itself sufficient change in circumstances to modify custody, and this is a very big thing because this enables if a child age 14 or older decides to live with another parent that in and of itself is enough for a court to modify custody.
Whether the court will or not is another matter, but it gets you into court. However, what the law gives, the law also takes away. The new law also specifies that the custody election of a child aged 14 or older is only presumptive, and that the child’s custody election can be overcome if it can be proved by the other parent that the custody election is not in the child’s best interests, and this is a juxtaposition of the law as the old law gave the child more power to choose which parent they wanted to live with, but the choice itself was not sufficient to modify custody unless you had other facts to support the custody election.
What this means for parents of children aged 14 years or older is if your older child elects to live with the noncustodial parent, this custody election alone gets noncustodial parent into court and a real and legitimate case to get primary custody of their child. It will create a custody battle in case that either parent has a chance to win. I have personally defended many cases in which children as old as age 16 have elected to live with the other parent and have defeated that election. These have been some of the most difficult cases I have ever handled.
However, under the new law, a custodial parent has a real fighting chance of defending against these cases. Long and short under Georgia’s new child custody law, the custody election of a child aged 14 years or older will get you into court and will give you a very powerful case for modification of custody. However, just because an older child elects to go under your custody does not mean that the court will comply with their election. These cases have become very hotly contested and nothing can be taken for granted in these cases. My name is Scott Shaw. If you have any questions, I would be happy to take your phone calls or any other inquiries. Thank you.
By: Scott Shaw
In this video, I will be discussing child custody modification when a child aged 14 years or older elects to live with the other parent. Georgia’s new child custody law gives both more and less power to children.
A few years ago, the state of Georgia rewrote their laws. One surprising aspect of this rewrite was that the new law made the custody choice of a parent made by a child to his age 14 years or older as a matter of law meaning it’s in and of itself sufficient change in circumstances to modify custody, and this is a very big thing because this enables if a child age 14 or older decides to live with another parent that in and of itself is enough for a court to modify custody.
Whether the court will or not is another matter, but it gets you into court. However, what the law gives, the law also takes away. The new law also specifies that the custody election of a child aged 14 or older is only presumptive, and that the child’s custody election can be overcome if it can be proved by the other parent that the custody election is not in the child’s best interests, and this is a juxtaposition of the law as the old law gave the child more power to choose which parent they wanted to live with, but the choice itself was not sufficient to modify custody unless you had other facts to support the custody election.
What this means for parents of children aged 14 years or older is if your older child elects to live with the noncustodial parent, this custody election alone gets noncustodial parent into court and a real and legitimate case to get primary custody of their child. It will create a custody battle in case that either parent has a chance to win. I have personally defended many cases in which children as old as age 16 have elected to live with the other parent and have defeated that election. These have been some of the most difficult cases I have ever handled.
However, under the new law, a custodial parent has a real fighting chance of defending against these cases. Long and short under Georgia’s new child custody law, the custody election of a child aged 14 years or older will get you into court and will give you a very powerful case for modification of custody. However, just because an older child elects to go under your custody does not mean that the court will comply with their election. These cases have become very hotly contested and nothing can be taken for granted in these cases. My name is Scott Shaw. If you have any questions, I would be happy to take your phone calls or any other inquiries. Thank you.
By: Scott Shaw
Arizona Dissolution of Marriage
In divorce, many issues require a resolution. Those issues can be resolved either by you or by the court before you can…
Read MoreA Judge Can Order a Parent to Attend Counseling in Arizona
A Judge Orders a Parent to Attend Domestic Violence Counseling in Arizona Can a judge order a parent in a child custody…
Read More
