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  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Default Formalizing a Voluntary Change of Custody

    My question involves a child custody case from the State of: Georgia
    My husband has 2 children from his first marriage. A girl that is now 11 and a boy that is 12.
    Their divorce and the time since have been very bitter and there has been 4 court cases regarding the children.
    The last court case was up in court almost a year ago but no ruling has been made yet. In that court case my husband was asking for joint custody and a reduction of his child support. There has been several times when she would not let him see the children on his visitations until he called the local sheriff.
    The son has slowly been deteriorating in school and going from getting A's and B's to getting F-C. He was also kicked of the schools football team due to his behavior.
    Two weeks ago the mother of the children called up and said she cannot handle the son anymore and she wants him to move out.
    My husband picked him up from school that day and he has been living with us since then.
    We did contact the lawyer involved in the court case straight away to deal with this new and much unexpected situation. Unfortunately it has now been two weeks and nothing has happened. The mother has legal custody of both children and my husband has to pay her child support for both children.
    My question is:
    What do we need to do to change the legal custodian for the child who is now living with us?
    What will happen to the child support payed to the mother for the child whilst he was actually living with us?
    What will happen to the pending court case when the mother voluntarily has given up custody of one of the children?
    I would be very thankful for any replies.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Formalizing a Voluntary Change of Custody

    1. Your husband's attorney will deal with this. 2 weeks isn't a long time - specially given that one week included a holiday weekend. Give it time.

    2. Nothing. Child support won't change until custody is changed and the CS order is modified.

    3. It would need to be amended - again something for your husband's attorney to deal with.

  3. #3
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Formalizing a Voluntary Change of Custody

    Thank you for your reply.
    We are a bit concerned that the mother will change her mind and show up at the door demaning her son back. He has been with us for 3 weeks (after checking my calender) and the school have noted how much better he is doing already after this short time. We don't want him to move back to his mother.
    What can we do if the mother does change her mind and doesn't agree to give up custody? Do we have a stronger case since the son has been living with us full time? (the mother has not seen him since the hand over but she calls 3-4 times a week to talk to him.)

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Formalizing a Voluntary Change of Custody

    If Mom changes her mind, Dad must return the child to Mom.

    So, Dad needs to get on his attorney and at least have the attorney file something in court.

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