Ex filed contempt/custody modification less than one month after previous modification finalized

[hoale]

State: Georgia
My ex filed a custody modification in April of 2018 to try to take all three of my kids aways from me. That modification was just finalized July 1st of 2019 and the outcome was that my daughter who turned 14 (and chose to move out and live with her mother) would now live with her mother (my ex) and my two boys would remain with me. In the state of Georgia, children can choose which parent they live with at age 14 and I was ready for my daughter to do this prior to my ex filing for a modification.

Yesterday (July 25) my lawyer told me that my ex filed another modification with a list of false contempt claims. The contempt claims are strait lies or twisted stories that I feel confident that I can have dismissed. My parenting agreement says that "Before initiating a modification of custody or parenting time lawsuit, the Parties are required to notify the other through Our family wizard of their intention. The parties shall attend mediation in a good-faith effort to resolve any such differences within 45 days of the notice."

My question is, are we not supposed to attend mediation before she filed this modification? Second, can she file this modification less than a month after the previous modification finalized? Third, I am thinking about not using my lawyer because I still owe him for the last modification, it is expensive, and I feel I can fight this myself (but I am seeking help and guidance).

Note, almost all of my ex's contempts claims are events that happened before that last modification finalized so it seems like she should have said something before it finalized if she actually had so many contempt claims. Am I right to think this? What is the legal view of this?

 

[Zigner]

You are represented - you really ought to direct your questions to your attorney, as s/he has all of the details of the case and also should have his/her finger on the "pulse" of the court and its judges.

 

[TheGeekess]

State: Georgia
My ex filed a custody modification in April of 2018 to try to take all three of my kids aways from me. That modification was just finalized July 1st of 2019 and the outcome was that my daughter who turned 14 (and chose to move out and live with her mother) would now live with her mother (my ex) and my two boys would remain with me. In the state of Georgia, children can choose which parent they live with at age 14 and I was ready for my daughter to do this prior to my ex filing for a modification.

Actually, that is not entirely true. While a judge will listen to a 14 year old, best interests of the child now come into play. This is to stop parents from bribing their 14 year old children into living with them.

5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live.  The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child.  The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child;  provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply.

https://codes.findlaw.com/ga/title-19-domestic-relations/ga-code-sect-19-9-3.html

 

[hoale]

Actually, that is not entirely true. While a judge will listen to a 14 year old, best interests of the child now come into play. This is to stop parents from bribing their 14 year old children into living with them.

https://codes.findlaw.com/ga/title-19-domestic-relations/ga-code-sect-19-9-3.html

Yes but if a 14-year-old signs for emancipation you basically have to prove the other parent unfit which seems nearly impossible if they are a female and you don't have evidence of drug use or abuse. Manipulation, abandonment, bigamy, infidelity all do not really matter.

 

[Just Blue]

Yes but if a 14-year-old signs for emancipation you basically have to prove the other parent unfit which seems nearly impossible if they are a female and you don't have evidence of drug use or abuse. Manipulation, abandonment, bigamy, infidelity all do not really matter.

What does emancipation have to do with it? Emancipation means that a minor is legally allowed to live on this own with the legal ability to sign contracts.

 

[hoale]

You are represented - you really ought to direct your questions to your attorney, as s/he has all of the details of the case and also should have his/her finger on the "pulse" of the court and its judges.

Yes, but to play devil's advocate, I thought the same exact thing when I was served for the last motion to modify and 15 months later and tens of thousands spent on lawyer fees, guardian ad litem fees, and mediation fees and we came to the exact outcome that I proposed from the start. The problem is that lawyers provide about 10-20 helpful advice and the rest is inflated "time" spent processing paperwork and playing telephone with the other lawyers, judge, clerk, GAL etc...The entire process is so inefficient and bloated.

 

[PayrollHRGuy]

So you are bitching because your lawyer got exactly what you wanted?

 

[hoale]

What does emancipation have to do with it? Emancipation means that a minor is legally allowed to live on this own with the legal ability to sign contracts.

Emancipation in terms of emancipate from my household to her mothers/my ex by choice. Not exactly emancipate to be considered an adult...

 

[Zigner]

Yes, but to play devil's advocate, I thought the same exact thing when I was served for the last motion to modify and 15 months later and tens of thousands spent on lawyer fees, guardian ad litem fees, and mediation fees and we came to the exact outcome that I proposed from the start. The problem is that lawyers provide about 10-20 helpful advice and the rest is inflated "time" spent processing paperwork and playing telephone with the other lawyers, judge, clerk, GAL etc...The entire process is so inefficient and bloated.

If your proposal was acceptable when you made it, then why did you need an attorney? I would guess that the attorney had to do a ton of work to finally make your "proposal" in to a workable plan that the other side would agree to.

 

[Zigner]

Emancipation in terms of emancipate from my household to her mothers/my ex by choice. Not exactly emancipate to be considered an adult...

That's not emancipation by any legal definition.

 

[Just Blue]

Emancipation in terms of emancipate from my household to her mothers/my ex by choice. Not exactly emancipate to be considered an adult...

Okay...well...You're misusing the word.

 

[hoale]

So you are bitching because your lawyer got exactly what you wanted?

I'm not here to bitch but who doesn't hate lawyer fees? Racking up lawyer fees is part of my dilemma. I am thankful for the previous outcomes but it's insanely expensive and I am trying to determine if I can deal with these bogus contempt claims on my own. My ex ruined our families financial future during the marriage and continues to do so after. I don't make enough money constantly fund a lawyer.

 

[hoale]

If your proposal was acceptable when you made it, then why did you need an attorney? I would guess that the attorney had to do a ton of work to finally make your "proposal" in to a workable plan that the other side would agree to.

My proposal wasn't acceptable when I first made it simply because my ex refused to agree to it. 15 months later after seeing the judge who appointed a GAL and going through that process, and finally after mediation, we came to an agreement that was based on my original proposal. The point you need to know is that my ex makes things difficult and she is stubborn. She tried to make me pay her lawyer fees when she owed me two years of unpaid child support...

 

[hoale]

Okay...well...You're misusing the word.

Sorry my grammar has always been a week point!

 

[Zigner]

Sorry my grammar has always been a week point!

That is not a grammatical error. You misused the word completely

My proposal wasn't acceptable when I first made it simply because my ex refused to agree to it. 15 months later after seeing the judge who appointed a GAL and going through that process, and finally after mediation, we came to an agreement that was based on my original proposal. The point you need to know is that my ex makes things difficult and she is stubborn. She tried to make me pay her lawyer fees when she owed me two years of unpaid child support...

So, because you had an attorney you were finally able to come to an agreement "based on" your original proposal. What makes you think you could have come to that agreement without an attorney?