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Custody Issue

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#1 caljb13


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Posted 13 November 2012 - 10:35 PM

I have a 8 year old son. I never was married to his mom. I have not been legitimized. I live in the state of Georgia. We had agreed upon split custody. About 3 years ago I took a job which requires me to travel. So I work a few months then I am home a few months. Since I took this job I offered to pay child support and have ever since. My fiancee whom I have been with almost 7 years has been a great stepmother to him. He loves coming to our house even when I am not there. We also have a son who is 4. He always comes over and wants to stay, he always calls to see if he can stay another night or week. My ex says she wants him at her house when I am not there. We have played by her rules since I have taken this job out of town. I have not taken her to court because she is now remarried and has a son who is also four and figured we could be agreeable and get along for our sons sake. I want to know how good of a chance I have if I take this thing to court to get custody of some sort where I have a say so. He wants to live with me but is only 8 and I know the judge will not take that into consideration. His mother is not unfit. But she says he cant come over to my house on a regular basis when im not there even though I pay child support and he wants too. Its only when she wants him to. Its more of a jealousy thing of my fiancee. I have learned tonight he has been staying with my fiancee for the past week and she has discovered some things I am not too happy about. First one being that when me and my ex split we discussed no one would discipline our child (spanking) that we would be the discpliners. Next he says he does not want to go home. When I ask him why it is because his little brother always hits him in the face and is so mean to him that he doesnt want to be around him. That is sad that an 8 year old does not want to be around his 4 year old brother. He has a four year old brother over here and he does not feel that way. My son says that his brother does not get disciplined for hitting him and if he hits him back that he gets in trouble. I asked him what kind of trouble and he said one time him and his brother got into it and his brother was punching him and he slapped him back and then his brother kicked him so he kicked him back and then his brother kicked him in the private. I asked what was done and he said his stepdad spanked both him and his brother. That is not acceptable. He says when his mom is not there he goes and locks hisself in his room to stay away from his brother. My fiancee has never spanked him she disciplines but does not spank. He says he has told his mom but she just gets home to him and he keeps doing it. Tomorrow he is supposed to go back to his moms. I dont know what to do I told him if his brother keeps hitting him to go one of the adults and say he is hitting me and wont stop will you please do something before I hit him back. But the thing is he wont hit him back anymore because he says his stepdad will spank him. What is the law on this? I would love to get custody of my son and its not that I want my son kept away from his mother he needs all his family. But IF i take this to court I want to know what good of chance I have. Usually father do not win. If I push this issue and lose she will try getting every penney out of me possible for child support. That is my last question how do they base child support in Georgia is it off one parent or both? Please let me know i am so clueless on all this but will be home Sunday and going to address this issue in person. I wanted to speak with my son first and then decide from there what to do.

#2 caljb13


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Posted 13 November 2012 - 11:40 PM

Any help especially about the spanking issue is that legal?

#3 FindLaw_Amir


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Posted 14 November 2012 - 02:48 PM

In almost all situations, a court will keep one primary question in mind when deciding a custody case, namely, what is in the best interests of the child. To learn more about this subject matter, you may wish to visit the Family Law Center: Child Custody and How to Get Custody as a good resource. I also suggest you consult with a local Family Law Lawyer to advise you further in detail about your options.
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