Child Custody In Georgia

Summary

Danielle, a resident of Georgia, is seeking sole custody of her child due to concerns about the fathers involvement, including instances of abuse. She is advised to document the incidents of abuse, as evidence of domestic violence is taken seriously in custody cases. She is also informed about the factors considered in Georgia when determining custody, such as the childs age, health, emotional ties to each parent, the parents ability to care for the child, and the stability of each parents home environment. She is encouraged to seek legal representation and is provided with the contact information for the Fulton County Superior Court. She is also informed about the importance of reporting any physical harm to the child to the authorities and presenting all relevant evidence in court. She is advised that in Georgia, if parents are unmarried, the mother has sole legal and physical custody until the father establishes paternity and seeks legitimation. She

Full Conversation

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Nice to meet you, Danielle. Could you please describe the legal issue you're facing?
Child custody
What is the current custody arrangement and are there any existing court orders in place, Danielle?
None and no
Are you seeking sole custody or joint custody? In Georgia, courts consider the best interests of the child when determining custody.
Sole custody
In Georgia, to get sole custody, you must demonstrate that it's in the best interest of the child. Factors considered include:

- Child's age, health, and emotional ties to each parent
- Parents' ability to care for the child
- Stability of each parent's home environment

Nearest court: Fulton County Superior Court, * Pryor St SW, Atlanta, GA *, (*) *-*.
Can I not let the father see his child if we are unmarried
In Georgia, both parents have equal rights to the child, regardless of marital status. However, if you believe it's in the child's best interest, you can seek sole custody. Do you have any concerns about the father's involvement?
Yes he was abusive to me and everytime was in front of her
Have you reported the abuse to the authorities? In Georgia, evidence of domestic violence is taken seriously in custody cases.
I did but they didn’t charge him with it
Did you document the incidents of abuse? In Georgia, any evidence of abuse can be crucial in child custody cases.
Yes he was charged with other things associated with that night when it happened
Do you have legal representation for your case?

In Georgia, having a lawyer can significantly help in presenting evidence and navigating the legal process.
No
Would you like assistance in finding a lawyer who specializes in child custody cases in Georgia?
Will domestic violence that was done to me help when my case ?
Yes, evidence of domestic violence can significantly impact child custody cases in Georgia. It's crucial to present this evidence effectively in court.
what if he kept her one night and she came back with bruises and scratches on her back is that evidence as well ?
Yes, any physical harm to the child can be considered evidence. Have you reported this incident to the authorities?
No I haven’t I just took her to the doctor to make sure she was okay
It's crucial to report such incidents to the authorities. This can serve as evidence in your custody case. Did the doctor document the injuries?
no but I still have pictures of the incident
Have you considered sharing these pictures with law enforcement or a legal professional? They could potentially serve as evidence in your case.
Is it too late to share with law enforcement? If it happened 2 years ago
In Georgia, there's no time limit to report child abuse. It's important to share any evidence you have with law enforcement as soon as possible.
okay he was always arrested for aggravated battery is that evidence for my case ?
Yes, his arrest records for aggravated battery can be used as evidence in your child custody case. It's important to present all relevant evidence to the court.
okay what about drug chargees with control substances
Were these drug charges related to the incidents of abuse or did they occur separately?

In Georgia, drug charges can impact a person's ability to gain custody or visitation rights.
separately
In Georgia, separate drug charges can also be considered in custody cases. It's crucial to present all relevant evidence in court.
If unmarried who have custody
In Georgia, if parents are unmarried, the mother has sole legal and physical custody until the father establishes paternity and seeks legitimation.
What if he wasn’t charged with drugs but is actively going to court for it
Is the father currently facing drug charges in court? If so, this could potentially impact the court's decision on custody.
yes felony for controlled substance and marijunna
In Georgia, felony drug charges can significantly impact a person's custody rights. It's important to keep track of the father's legal proceedings.
What if he isn’t charged
Even if he isn't charged, the fact that he's involved in legal proceedings for drug offenses can be considered by the court in a custody case.
what if somebody told me he was doing control substance but I don’t have their info anymore
Did you document or report this information when you received it? In Georgia, any evidence of drug use can be considered in custody cases.
I lost my phone that had the screenshots of it
Did you manage to recover any data from your lost phone or do you have any other proof of these allegations?
all I know of it was his niece that he was staying with and she kicked him out
Did the niece provide any specific reasons for kicking him out that could be relevant to your case?
that he was acting crazy and he was stealing
Did you report this incident to the authorities or have any documented evidence of his erratic behavior and stealing?
no i don’t but his niece still stay in ga and he know of her and used to live with her
Can you get in touch with his niece to provide a statement or any evidence regarding his behavior? This could be helpful for your case.
no but he know her name
Knowing her name might not be enough. Do you have any other way to contact her or any other witnesses who can testify about his behavior?
just her
Do you think she would be willing to testify or provide a statement about his behavior?
Maybe
If she's willing to testify, her statement could be valuable in your case. Have you considered seeking legal advice on how to approach this?
no
Would you like assistance in finding a lawyer who specializes in child custody cases in Georgia? They can guide you on how to present your evidence effectively in court.
I’m just scared to have my daughter around him am I wrong ?
Your feelings are valid, Danielle. In Georgia, the child's safety is paramount. Have you considered obtaining a protective order for your child's safety?
yes but how do I do that ? She’s 5 years old
In Georgia, you can apply for a protective order at your local county courthouse. The clerk's office can provide you with the necessary forms and guidance.
he recently bonded out of jail for aggravated battery and his trying to get in contact with me by asking my family memebers but the judge in a different case told him to stay away from me
Have you reported his attempts to contact you to the authorities, given the judge's order for him to stay away from you?
no who I call
You should contact your local police department to report the violation of the judge's order. In Georgia, violating a no-contact order can have serious consequences.
okay will the police have to come to me ?
In Georgia, you can report the violation over the phone. The police may come to you if they need further information or to ensure your safety.
im safe he doesn’t know where I am but he contacts my family member
Have your family members reported his attempts to contact them to the authorities? It's important to document these incidents as they can be used as evidence in your case.
no
It's crucial that they do so. Would they be willing to report these attempts to the authorities?
they will testify for me
That's great, Danielle. Having witnesses can strengthen your case. Have you considered discussing this with a legal professional to ensure you're taking the right steps?
if the judge order him to stay away from me does that include my daughter too ?
In Georgia, a judge's order to stay away typically applies to the person it's directed at. However, it doesn't automatically extend to your child unless specified. Have you considered requesting a protective order for your daughter?
no but should I ?
Yes, if you believe your child's safety is at risk, you should consider applying for a protective order. In Georgia, this can be done at your local county courthouse.
he always haven’t been around her for 3 years can that help my case ? And she’s been staying with me since she was born she always been around me
In Georgia, the court considers the child's relationship with each parent. Has the father shown any interest in maintaining a relationship with the child during these 3 years?
yea but he constantly goes to jail and he never have a stable place to stay
Has the father's unstable living situation and frequent jail time been documented or reported? This could be relevant to your case.

In Georgia, the court considers the stability of each parent's home environment when determining custody.
yes
That's good. Have you kept records of these incidents and his unstable living situation? This could be crucial evidence in your case.
yes I haven screenshot of messages and I also have messages where he couldn’t feed her when she was with him
That's very helpful, Danielle. Have you considered sharing these screenshots with a legal professional or law enforcement? They could be crucial evidence in your custody case.
no
It's important to share this evidence with a legal professional. Would you like assistance in finding a lawyer who specializes in child custody cases in Georgia?
Yes what does noelle prossed mean
"Noelle Prosequi" is a legal term that means the prosecutor has decided not to proceed with a case after charges have been brought. It's often used in plea negotiations.
But it’s * people on a case
Can you clarify if "Noelle Prosequi" was applied to all * individuals involved in the case or just specific individuals?
just a specific individual
What is the relationship of this specific individual to your child custody case?
Yes it’s with a controlled substance case
What is the nature of the controlled substance case and how is it related to your child custody case?
Thank you have a good day
You're welcome, Danielle. If you have any more questions in the future, feel free to ask. Have a great day!
Okay this is about a new case
What is the nature of this new case you're referring to?
controlled substances poss maji once and shop lifting
What are the specific details of the controlled substance possession and shoplifting incidents?
It’s * people on a case and once person have noelle prossed what does that mean ?
"Noelle Prossed" means the prosecutor has decided not to proceed with the case against that person. It's a form of dismissal. Are all four individuals charged with the same offenses?
yes
What are the names of the controlled substances involved in the case?
it just says vgcsa
What is the exact charge mentioned in the case? VGCSA stands for Violation of Georgia Controlled Substances Act, which can range from possession to distribution.
VGCSA , poss Marji once and theft by shoplifting
What is the location of the incident and the court handling your case?
Clayton county
What are the specific details of the shoplifting incident?
they was caught shoplifting
What was the value of the items involved in the shoplifting incident?
under $*
What is the current status of your case?
Felony
What is the date of your next court hearing?
*/*/*
What is your legal representation status for this new case?
They added an attorney
Who is the attorney that has been added to your case?
Oden johnathan
What is the relationship between Oden Johnathan and the individuals involved in the case?
attnorney
What is the role of each individual in the case?
same place same time nobody said who stuff it was
What is the current status of the other three individuals involved in the case?
one individual has noelle prossed
What is the current status of the remaining two individuals involved in the case?
the remaining * the case is still pending
What are the names of the remaining individuals involved in the case?
Why ?
I'm asking for the names to better understand the case and provide accurate information. However, if you're uncomfortable sharing, that's completely fine.
Morgan cooper nityaya Roberson and me
What are the specific charges against Morgan Cooper, Nityaya Roberson, and you?
the same
What is the exact charge mentioned for Morgan Cooper, Nityaya Roberson, and you?
VGCSA .poss marji once and theft by shoplifting
What are the penalties for VGCSA possession of marijuana and theft by shoplifting in Georgia?
felony
What is your previous criminal history, if any? This can impact the potential penalties for a felony charge in Georgia.
snd misdemeanor
What does "snd misdemeanor" refer to in your criminal history?
aggravated battery case pending felony , taking moving vehicle felony , hindering a person from calling * misdemeanor
What is the current status of your aggravated battery, taking moving vehicle, and hindering a person from calling * cases?
aggravated battery im out on bond and taking moving vehicle I was charged with a felony 5 year’s probation and hindering a person calling * was a misdemeanor however I went to jail for aggravated battery and violated the felony probation while out on bond
What are the terms of your probation and how did you violate them?
5 years felony probation I had to pay and call I never did I got arrested for aggravated battery
What are the penalties for violating felony probation in Georgia?
i don’t know
In Georgia, violating felony probation can result in:

- Revocation of probation
- Imprisonment
- Additional fines

Please consult with your attorney for specific advice.
What if I’m out on bond and got arrested
If you're out on bond and get arrested again, your bond can be revoked and you may be held in custody until your trial. Please consult with your attorney.
so what does noelle prossed mean
"Noelle Prossed" means the prosecutor has decided not to proceed with the case against a specific individual. It's essentially a dismissal of charges.
so that individual is off the hook ?
Yes, if a case is "Noelle Prossed", it means the charges against that individual have been dismissed and they are no longer under prosecution for that specific case.
why was the individual dismissed?
The reasons for a "Noelle Prossed" dismissal can vary. It could be due to lack of evidence, witness issues, or other factors. Can you share more details about the dismissed individual's involvement in the case?
Can he ask for a partnity test
Yes, in Georgia, a man can request a paternity test to establish biological fatherhood. This can be done through the court system.
Even if he have a warrant ?
Yes, having a warrant doesn't prevent someone from requesting a paternity test in Georgia. However, he may face arrest if he appears in court.
What can prevent a father from getting custody and visitation
In Georgia, factors that can prevent a father from getting custody or visitation include:

- History of abuse or neglect
- Criminal record
- Substance abuse
- Unstable living situation
- Lack of involvement in the child's life
What if he was arrested for * and half years
What charges led to his arrest and subsequent imprisonment? In Georgia, a parent's criminal history can impact child custody decisions.
aggravated battery
What was the outcome of the aggravated battery charge? In Georgia, this is a serious felony that can significantly impact child custody decisions.
he his out on bond currently
What are the conditions of his bond? In Georgia, bond conditions can affect child custody decisions.
I don’t know
It's important to know the conditions of his bond. Can you find out? In Georgia, bond conditions can influence child custody decisions.
how do I find out ?
You can find out the bond conditions by contacting the court where the case was heard. In Georgia, it's usually the Superior Court.
my daughter always lived with me always ate with me always took her to the doctor and I put her in school by myself I buy her clothes and shoes by myself but I do have some help with her step father
What is the current legal status of your child's custody?
There’s none we are unmarried
What is the father's level of involvement in your child's life currently? In Georgia, courts consider the best interest of the child, including each parent's involvement, when determining custody.
he just got of jail for 2abd half years
What is the father's current relationship with the child after his release from jail?
tried to get in contact with her
What was your response when he tried to contact your daughter?
he ask one of my family members but not me
What was the nature of the contact he attempted with your daughter?
through social media he wanted to talk to her and see her
What is your daughter's age and how does she feel about this contact? In Georgia, a child's preference may be considered in custody cases if they are * or older.
* and she’s scared of him
What steps have you taken to protect your daughter from him? In Georgia, you can apply for a protective order if you fear for your child's safety.
None
What is the reason for not taking any protective measures for your daughter? In Georgia, you can apply for a protective order if you fear for your child's safety.
I left her with him one night and the best day she came back with bruises and scratches on her back and her face was breaking out on top of smelling like strong pee he didn’t bath her
Have you reported these incidents to the police or child protective services? In Georgia, it's crucial to document such incidents for future legal proceedings.
no
Why haven't you reported these incidents to the police or child protective services? It's crucial to report any form of child abuse for the safety of your child and for legal purposes.
I was scared they would take her away from me
What evidence do you have of the abuse? In Georgia, evidence can be crucial in child custody cases and for protective orders.
pictures and screenshots and witnesses
Have you considered sharing this evidence with a legal professional or law enforcement? In Georgia, this could be crucial in obtaining a protective order and influencing custody decisions.
I’m going to is it to late it’s been * and half years since it’s happened
In Georgia, there's no specific time limit to report child abuse. However, it's best to report as soon as possible. Have you consulted with a lawyer about this?
My fiancé take more care of her than her ever did can that help my case as well ?
In Georgia, the court considers the best interest of the child. If your fiancé provides a stable, loving environment, it could potentially support your case. Have you discussed this with your lawyer?
How do I put a protective order on him if I don’t know where he live
What is the nature of the abuse you're experiencing? In Georgia, you can file a protective order without knowing the respondent's address. The court will need other identifying information.
Domestic and hindering me from calling * and still my car
What evidence do you have of these incidents? In Georgia, evidence can be crucial in obtaining a protective order.
Screenshot of charges they just didn’t charge him domestic but the judge told him to stay away from me
What is the name of the court where the judge told him to stay away from you?
Columbia
What is the date of the court order? In Georgia, violating a court order can lead to serious consequences.
Columbus ga
What is the date when the judge told him to stay away from you? In Georgia, violating a court order can lead to serious consequences. Columbus Municipal Court can be contacted at (*) *-*.
*/*/*
What actions have you taken since the court order was issued on */*/*?

In Georgia, if a protective order is violated:
- The violator can be arrested and charged with a misdemeanor or felony.
- The court may impose fines and/or jail time.

Columbus Municipal Court: (*) *-*.
none he always tries to get in contact with from my family members or his
What kind of contact is he attempting? Depending on the nature, it could be considered a violation of the protective order in Georgia.
he asking for my contact info
In Georgia, if he's trying to contact you indirectly, it may still be considered a violation of the protective order. Have you reported this to the police?