Advice: gonna have to represent myself at PO hearing JAN20th

[BartSimpson]

You've already been told, none of your witnesses matter to your case in chief - and your old Army buddy is not going to have more say than your wife in your behavior at home.

At this point you should be worried about getting your shirt pressed and shoes shined, not some Perry Mason tactic of testimony.

[Fatheroffour]

However, showing up in a wheelchair might not be a bad idea.

No . Wait.

That was Ironsides. In fairness, Raymond Burr was on both shows.

[dadmisseskids]

However, showing up in a wheelchair might not be a bad idea.

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[GA_DevastatedDad]

@GA_DevastatedDad

I saw you asked a question on what factors the judge uses when deciding custody. In PA, the laws changed just a year ago. I've seen others say the same thing about their states recently so I'm inclined to believe every state will adopt this soon. To answer your question, here are the factors that a judge needs to consider when deciding custody. This is in PA but I'm guessing most of the other states are similar:

(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party. Thats me
(2) The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.UNKOWN
(3) The parental duties performed by each party on behalf of the child.[color=#FF0000]every day duties[/color]
(4) The need for stability and continuity in the child’s education, family life and community life.
(5) The availability of extended family.
(6) The child’s sibling relationships. She lives in Atlanta
(7) The well-reasoned preference of the child, based on the child’s maturity and judgment.no he is 8
(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm. she tells the child I am a bad guy and puts him in the dark when I come to get him
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child. She did used to try but NOW no WAY hell she at work or in the srteet
(11) The proximity of the residences of the parties.did I tell Ywall we stay 2 mins away I have walked there
(12) Each party’s availability to care for the child or ability to make appropriate child-care arrangements. [color=#FF4080]????[/color]
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.I am a Diplomat
(14) The history of drug or alcohol abuse of a party or member of a party’s household.
(15) The mental and physical condition of a party or member of a party’s household.Oh yeah I am winning now 1!!If I win Custody I win it all
(16) Any other relevant factor.

[dadmisseskids]

@GA_DevastatedDad

I saw you asked a question on what factors the judge uses when deciding custody. In PA, the laws changed just a year ago. I've seen others say the same thing about their states recently so I'm inclined to believe every state will adopt this soon. To answer your question, here are the factors that a judge needs to consider when deciding custody. This is in PA but I'm guessing most of the other states are similar:

(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party. Thats me
(2) The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.UNKOWN Unknown for now...... Lets just hope you aren't convicted of any assault charges for breaking the guy's jaw
(3) The parental duties performed by each party on behalf of the child.[color=#FF0000]every day duties[/color]
(4) The need for stability and continuity in the child’s education, family life and community life.
(5) The availability of extended family.
(6) The child’s sibling relationships. She lives in Atlanta
(7) The well-reasoned preference of the child, based on the child’s maturity and judgment.no he is 8
(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm. she tells the child I am a bad guy and puts him in the dark when I come to get him
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child. She did used to try but NOW no WAY hell she at work or in the srteet
(11) The proximity of the residences of the parties.did I tell Ywall we stay 2 mins away I have walked there
(12) Each party’s availability to care for the child or ability to make appropriate child-care arrangements. [color=#FF4080]????[/color]
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.I am a Diplomat You sure about that?
(14) The history of drug or alcohol abuse of a party or member of a party’s household.
(15) The mental and physical condition of a party or member of a party’s household.Oh yeah I am winning now 1!!If I win Custody I win it all
(16) Any other relevant factor.

[BartSimpson]

It is no surprise that the OP skipped #14, specifically alcohol use.

[Fatheroffour]

In addition and relevant to how the PO, allegations and any history of violence will effect the determination of custody in Georgia :

(4) In addition to other factors that a judge may consider in a proceeding in which the custody of a child or < parenting time > or parenting time by a parent is at issue and in which the judge hasmade a finding of family violence:

(A) The judge shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence;

(B) The judge shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person;

(C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child for the purposes of custody determination; and

(D) The judge shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The judge may, in addition to other appropriate actions, order supervised < parenting time > or parenting time pursuant to Code Section 19-9-7.

[Jehr]

Like PA, GA code does in fact specifically state what factors a judge has to look at when making custody determinations (Section 19-9-3 specifically).

Factors in Determining Custody.
In all cases in which the custody of any child is at issue between the parents, there shall be no prima-facie right to the custody of the child in the father or mother. There shall be no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent. Joint custody may be considered as an alternative form of custody by the judge and the judge at any temporary or permanent hearing may grant sole custody, joint custody, joint legal custody, or joint physical custody as appropriate.

The judge hearing the issue of custody shall make a determination of custody of a child and such matter shall not be decided by a jury. The judge may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child should be awarded. The duty of the judge in all such cases shall be to exercise discretion to look to and determine solely what is for the best interest of the child and what will best promote the child's welfare and happiness and to make his or her award accordingly.

In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to:

(A) The love, affection, bonding, and emotional ties existing between each parent and the child;

(B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;

(C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;

(D) Each parent's knowledge and familiarity of the child and the child's needs;

(E) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;

(F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;

(G) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(H) The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child;

(I) The mental and physical health of each parent;

(J) Each parent's involvement, or lack thereof, in the child's educational, social, and extracurricular activities;

(K) Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;

(L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child;

(M) Each parent's past performance and relative abilities for future performance of parenting responsibilities;

(N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;

(O) Any recommendation by a court appointed custody evaluator or guardian ad litem;

(P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and

(Q) Any evidence of substance abuse by either parent.


In all 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 shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.


In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody. The court shall have complete discretion in making this determination, and the child´s desires are not controlling. The court shall further have broad discretion as to how the child´s desires are to be considered, including through the report of a guardian ad litem. The best interest of the child standard shall be controlling.


The desire of a child who has reached the age of 11 years but not 14 years shall not, in and of itself, constitute a material change of conditions or circumstances in any action seeking a modification or change in the custody of that child.


The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of at least 11 years where the judge hearing the case determines such a temporary order is appropriate.

[GA_DevastatedDad]

It is no surprise that the OP skipped #14, specifically alcohol use.

I skipped it because I was very sleepy BART, I just missed it. Have I ever had a drink yes, been drinking since I was 14 but I don't think I will tell them that I think that. I will tell them that since I am 38 and sometimes I go watch the GEORGIA kick as (yes that means I may drink a beer) and yes I do have Merlot with my Steak. My doctor said it was good for me. no alcoholic inciddent.

[Fatheroffour]

Did you get a copy of your report? DId it show up as expunged?