Roswell, GA: I need to get custody of my kids

Posted by William H. Sherman on Mar 22, 2015 | 0 Comments

Question:   My ex-wife, who lives in Roswell, Georgia, has custody of our two daughters.  They are 3 and 4 years old.  But I want to get custody of the children.  Our custody agreement is just not working.

The problem is that when my wife travels on business she lets them stay at her mother's house and because my ex-wife is an alcoholic and she uses drugs.

My wife travels on business a lot and she can be gone for a week or two at a time.  When she travels the girls stay with her mother who lives close to them at Martin's Landing.  Their grandmother is a nice lady but she has dementia and sometimes can't remember what year it is, what city she lives in or her house's address.  I don't think it's safe for the kids to be there.

Also, my wife drinks a lot.  She goes to AA meetings but that hasn't stopped her from drinking.  At a Super Bowl party I heard she passed out while the game was on.

And she uses a lot of pot.  She was recently arrested in Roswell for possession of marijuana.  I think she is self-medicating her bipolar disorder.

How should I go about getting custody switched to me?  I'm not looking for a custody battle and our custody arrangement worked for a while, but I want to do this as soon as possible so that the kids will be safe.

T.O. in Roswell

Answer:   You need to bring a petition in the Fulton County superior court seeking a change of custody.  Only a judge can order a change of child custody.

The standard the court will apply is “best interests of the child.”  You need to demonstrate to the court that your former wife is not a fit custodial parent for the children.  You need to show that it is in the children's best interest to be removed from her custody and placed with you.

You need to gather evidence and identify witnesses that can help prove your case.  From what you are stating, it does appear that the children need a change of custody for their safety.

About Us

Need to get answers from a Roswell child custody lawyer?  We're here to help you 24/7.  Call us now at 678-215-4106. 

Take advantage of our lengthy and valuable experience as custody lawyers, including serving as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney. 

We will answer any questions you have and help you navigate through the entire divorce process.  We handle cases throughout the Atlanta metro area and North Georgia.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”