Posted 01 March 2010 - 08:10 AM
My wife's ex husband filed a temporary custody order under false allegations of child cruelty last July. A judge signed the order without even questioning anyone other that the father and her son. He got the son to lie to the judge on, we think, promises of gifts. The boy was 12 at the time. He is also trying to gain custody of her son. We have yet to have a hearing on the matter. It is my understanding that a hearing should have been held within 30 days to hear both sides and to legitimize the claims of child cruelty and that the temporary custody order is only good for 6 months. The attorney for the ex-husband continues to post pone the hearings, he always has something to come up to where he can't attend the scheduled hearings. The first question is, has my wife's rights been violated by not having a hearing on the temporary custody order within 30 days? The second question is, if in fact the temporary custody order has expired, can she go get her son? All of this is happening in the state of Georgia and my wife has a court order giving her custody of her son.