Emergency Custody Response Guide

Summary

In Georgia, when a judge denies an emergency custody motion, the case proceeds on a regular schedule. If your co-parent files a counterclaim and contempt action, you must respond by filing a response to their answer, addressing each point, and attaching supporting evidence. You can also file a separate contempt action or incorporate your allegations within your response. If false information is presented, consider filing a motion to strike. Address past resolved issues by providing evidence of compliance. For motions like a Bill of Peace, highlight biases and provide evidence of harm. Consult local attorneys for guidance on drafting and filing these documents.

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I filed a motion for emergency custody in ga and the judge decided to deny the emergency basis and proceed on regular schedule with the modification motion instead. my coparent has now answered the motion and presented a counterclaim and contempt action. how do I respond to his answer as the plaintiff and attach supporting evidence? I also need to know how to respond to the counterclaim and contempt action

Hi Kate! Here's what you need to do:
*. Responding to the Answer:
- File a response to the Answer.
- Attach your supporting evidence (documents, affidavits, etc.) to your response.
*. Responding to the Counterclaim:
- File an Answer to the Counterclaim.
- Address each point raised in the Counterclaim.
- Attach supporting evidence.
*. Responding to the Contempt Action:
- File an Answer to the Contempt Action.
- Provide evidence refuting the claims.
Would you like help connecting with local lawyers who can assist you further?

I am in Gwinnett county ga superior court and need to know a specific drafted format for filing each response (especially since I did not include certain evidence in the original emergency custody modification order but did reference that it existed and was awaiting access. can i simply just file a response to my coparent's answer to my original complaint

Hey Kate! The process generally involves the following steps:
*. Response to Answer:
- Title it "Plaintiff's Response to Defendant's Answer"
- Address each point from the original answer
- Attach relevant evidence
*. Response to Counterclaim:
- Title it "Plaintiff's Answer to Defendant's Counterclaim"
- Address each point in the counterclaim
- Attach supporting evidence
*. Response to Contempt:
- Title it "Plaintiff's Answer to Contempt Action"
- Provide evidence refuting the contempt claims
Would you like me to connect you with local lawyers who can assist you further with drafting these documents?

can i file a contempt action against him or do I simply list what he is contempt of in my answer to his contempt action

Case Rating: *
Hey Kate! For your situation:
- Yes, you can file a separate contempt action against him.
- Alternatively, you can list what he is in contempt of in your answer to his contempt action.
Would you like me to connect you with local lawyers who can assist you further with your case?

could you provide clear drafted examples on how to file each motion *, * and * listed above with possible subheadings and bullet points

Case Rating: *
Hey Kate! Here are some drafted examples for each motion you need to file:
*. Response to Answer:
- Title: "Plaintiff's Response to Defendant's Answer"
- Introduction: Briefly state the purpose of the response.
- Response to Allegations:
- Address each numbered paragraph from the Defendant's Answer.
- For example:
- Paragraph *: Admit/deny the allegation.
- Paragraph *: Admit/deny the allegation.
- Supporting Evidence: Attach relevant documents, affidavits, etc.
- Conclusion: Briefly summarize your position.
*. Response to Counterclaim:
- Title: "Plaintiff's Answer to Defendant's Counterclaim"
- Introduction: Briefly state the purpose of the response.
- Response to Counterclaims:
- Address each numbered paragraph from the Counterclaim.
- For example:
- Paragraph *: Admit/deny the counterclaim.
- Paragraph *: Admit/deny the counterclaim.
- Supporting Evidence: Attach relevant documents, affidavits, etc.
- Conclusion: Briefly summarize your position.
*. Response to Contempt Action:
- Title: "Plaintiff's Answer to Contempt Action"
- Introduction: Briefly state the purpose of the response.
- Response to Contempt Allegations:
- Address each numbered paragraph from the Contempt Action.
- For example:
- Paragraph *: Refute the contempt allegation.
- Paragraph *: Refute the contempt allegation.
- Supporting Evidence: Attach relevant documents, affidavits, etc.
- Conclusion: Briefly summarize your position.
Would you like to be connected to local lawyers who can better assist you with your case?

in the response to contempt actions, how do I incorporate my own contempt allegations against him

Case Rating: *
Hey Kate! You can incorporate your own contempt allegations against him by doing the following:
- File a separate motion titled "Plaintiff's Motion for Contempt."
- List each instance of contempt with supporting evidence.
- Attach affidavits and documentation to support your claims.
Would you like any additional information on this process?

yes

Case Rating: *
Hey Kate! Here’s how you can incorporate your own contempt allegations:
- Title: "Plaintiff's Motion for Contempt"
- Introduction: Briefly state why you are filing the motion.
- Contempt Allegations:
- Paragraph *: Describe the first instance of contempt.
- Paragraph *: Describe the second instance of contempt.
- Supporting Evidence: Attach relevant documents, affidavits, etc.
- Conclusion: Summarize your request for relief.
Would you like to be connected to local lawyers who can better assist you with your case?

you mentioned that I can alternatively incorporate my own contempt allegations within my answer how would that be done

Case Rating: *
Hey Kate! Instead of filing a separate motion, you can incorporate your own contempt allegations in your answer to his contempt action like this:
- Title: "Plaintiff's Answer to Contempt Action and Counterclaim for Contempt"
- Introduction: Briefly state the purpose of the response.
- Response to Contempt Allegations:
- Address each numbered paragraph from his Contempt Action.
- For example:
- Paragraph *: Refute the contempt allegation.
- Paragraph *: Refute the contempt allegation.
- Your Contempt Allegations:
- Paragraph *: Describe the first instance of contempt by the defendant.
- Paragraph *: Describe the second instance of contempt by the defendant.
- Supporting Evidence: Attach relevant documents, affidavits, etc.
- Conclusion: Summarize your position and request for relief.
Would you like any additional information on this process?

yes

Case Rating: *
Hey Kate! Here's more information on incorporating your contempt allegations within your answer:
*. Title: "Plaintiff's Answer to Contempt Action and Counterclaim for Contempt"
*. Introduction: Briefly state the purpose of the response.
*. Response to Contempt Allegations:
- Address each numbered paragraph from his Contempt Action.
- For example:
- Paragraph *: Refute the contempt allegation.
- Paragraph *: Refute the contempt allegation.
*. Your Contempt Allegations:
- Paragraph *: Describe the first instance of contempt by the defendant.
- Paragraph *: Describe the second instance of contempt by the defendant.
*. Supporting Evidence: Attach relevant documents, affidavits, etc.
*. Conclusion: Summarize your position and request for relief.
Would you like any additional information on this process?

aslo, my coparent has not provided proof that he attended the court ordered parenting course within the 30 day time allotted after being served. how can i present this to this to the court and is this a contempt action

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Hey Kate! You can present this to the court by filing a Motion for Contempt. Here's a basic outline:
- Title: "Plaintiff's Motion for Contempt"
- Introduction: State why you are filing the motion.
- Contempt Allegation:
- Paragraph *: Describe how the coparent failed to provide proof of attending the court-ordered parenting course.
- Supporting Evidence: Attach any relevant documents.
- Conclusion: Summarize your request for relief.
Would you like any additional information on this process?

can I alternatively add this contempt allegation to my answer and counterclaim for contempt, and if so, how?

Case Rating: *
Hey Kate! Yes, you can add this contempt allegation to your answer and counterclaim for contempt. Here's how to incorporate it:
*. Title: "Plaintiff's Answer to Contempt Action and Counterclaim for Contempt"
*. Introduction: Briefly state the purpose of the response.
*. Response to Contempt Allegations:
- Address each numbered paragraph from his Contempt Action.
- For example:
- Paragraph *: Refute the contempt allegation.
- Paragraph *: Refute the contempt allegation.
*. Your Contempt Allegations:
- Paragraph *: Describe the first instance of contempt by the defendant.
- Paragraph *: Describe the second instance of contempt by the defendant (e.g., not providing proof of attending the court-ordered parenting course within the *-day time allotted).
*. Supporting Evidence: Attach relevant documents, affidavits, etc.
*. Conclusion: Summarize your position and request for relief.
Would you need any more help with the details?

also, my coparent's new attorney has listed on his filings in this case information that is untrue. for example, he stated that some outstanding motions that I previously filed in the lower court (in a custody action between the same parties), were either dismissed or denied. when in fact the lower court failed to rule on these motions and left them outstanding (after a judge in our case had been recused and another judge took over)

Case Rating: *
Hey Kate! You can address the false information provided by your coparent's attorney by filing a motion to strike or a response to the misrepresentation. Here's what you can do:
*. Motion to Strike:
- Title: "Plaintiff's Motion to Strike False Information"
- Introduction: Briefly state why you are filing the motion.
- False Information: List the false statements (e.g., "Paragraph *: The statement about the dismissed motions is false").
- Correct Information: Provide the correct facts and attach supporting evidence.
- Conclusion: Summarize your request for the court to strike the false information.
Would you like further details on this process or any additional help?

if the new attorney entered these false details within his answers and counterclaims to my filings how do I let the court know

Case Rating: *
Hey Kate! You can address the false information within the attorney's answers and counterclaims by filing a motion to strike the false details. Here’s what you need to do:
- Title: "Plaintiff's Motion to Strike False Information"
- Introduction: Briefly state why you are filing the motion.
- False Information: List each false statement with references to specific paragraphs.
- Correct Information: Provide the correct facts and attach supporting evidence.
- Conclusion: Summarize your request for the court to strike the false information.
Would you like any additional help with this process?

yes

Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?

can you provide a drafted version with subheadings and bullet points of a motion to strike regarding this? and also did the attorney have a duty to make sure the information about the prior history and actions taken in a case were accurate before filing false information

Case Rating: *
Hey Kate! Here's a drafted version with subheadings and bullet points for a motion to strike false information:
---

Plaintiff's Motion to Strike False Information
Introduction:
- The Plaintiff, [Your Name], respectfully submits this motion to strike false information contained in the Defendant's answer and counterclaims.
False Information:
- Paragraph *: The statement that "the outstanding motions were either dismissed or denied" is false.
- Paragraph *: The claim that "the lower court ruled on all previous motions" is incorrect.
Correct Information:
- Paragraph *: The correct fact is that the lower court failed to rule on these motions and left them outstanding.
- Supporting Evidence: Attach court records or orders showing the motions were not ruled upon.
- Paragraph *: The accurate information is that after a judge was recused, another judge took over but did not address the outstanding motions.
- Supporting Evidence: Attach relevant documentation or transcripts.
Conclusion:
- The Plaintiff respectfully requests that the court strike the false information listed above from the Defendant's answer and counterclaims.
---
As for the attorney's duty, yes, attorneys have an ethical obligation to ensure that the information they present to the court is accurate and truthful. Misrepresenting facts can result in sanctions or disciplinary action.
Would you like any additional information on this process?

yes, can you tell me how to incorporate the attorney's ethical obligation here within my motion and is there any relevant case law or ga statute that could help here

Case Rating: *
Hey Kate! Here's how you can incorporate the attorney's ethical obligation into your motion and some relevant information on case law or statutes in Georgia:

Plaintiff's Motion to Strike False Information
Introduction:
- The Plaintiff, [Your Name], respectfully submits this motion to strike false information contained in the Defendant's answer and counterclaims.
False Information:
- Paragraph *: The statement that "the outstanding motions were either dismissed or denied" is false.
- Paragraph *: The claim that "the lower court ruled on all previous motions" is incorrect.
Correct Information:
- Paragraph *: The correct fact is that the lower court failed to rule on these motions and left them outstanding.
- Supporting Evidence: Attach court records or orders showing the motions were not ruled upon.
- Paragraph *: The accurate information is that after a judge was recused, another judge took over but did not address the outstanding motions.
- Supporting Evidence: Attach relevant documentation or transcripts.
Ethical Obligation:
- The Defendant's attorney has an ethical obligation under the Georgia Rules of Professional Conduct to ensure that the information presented to the court is accurate and truthful. Misrepresenting facts can result in sanctions or disciplinary action.
- Supporting Statute: Georgia Rule of Professional Conduct *.* (Candor Toward the Tribunal) states that a lawyer shall not knowingly make a false statement of fact or law to a tribunal.
- Case Law: Refer to *In re Dowdy*, * Ga. * (*), where the court highlighted the importance of truthfulness in representations made to the court.
Conclusion:
- The Plaintiff respectfully requests that the court strike the false information listed above from the Defendant's answer and counterclaims.
Would you like any additional details or help with this process?

thank you, also if my coparent's attorney has filed a motion to transfer the case back to juvenile court (where one judge was already recused on this matter, another judge failed to rule timely and left outstanding motions, including refusing to rule on an outstanding motion to remove the gal for bias and conflicts) and this attorney is now asking for the same favor(biases from the same GAL) by requesting the same GAL be added to this current case when transferred what can I do or how can i stop this

Case Rating: *
Hey Kate! Here are some steps you can take to address your coparent's attorney's actions:
- File an Objection to the Motion to Transfer:
- Title: "Plaintiff's Objection to Defendant's Motion to Transfer"
- Introduction: Briefly state your objection to the transfer.
- Reasons for Objection:
- Highlight the previous issues with the juvenile court.
- Point out the recusal of the previous judge.
- Mention the failure to rule on outstanding motions.
- Address the bias and conflicts related to the GAL.
- Conclusion: Request the court to deny the motion to transfer.
Would you like more details on this or help with drafting the objection?

yes please

Case Rating: *
Hey Kate! Here’s a drafted version for your objection to the motion to transfer:
---

Plaintiff's Objection to Defendant's Motion to Transfer

Introduction:
- The Plaintiff, [Your Name], respectfully submits this objection to the Defendant's motion to transfer the case back to juvenile court.

Reasons for Objection:
- Previous Issues in Juvenile Court:
- The previous juvenile court failed to rule on outstanding motions, including one to remove the GAL for bias and conflicts.
- Recusal of Previous Judge:
- A judge was already recused from this matter, indicating potential conflicts or biases.
- Failure to Rule on Outstanding Motions:
- The juvenile court left several motions unresolved, impacting the fairness and efficiency of the case.
- Bias and Conflicts Related to the GAL:
- The same GAL, previously found to have biases and conflicts, should not be reappointed to this case.

Conclusion:
- The Plaintiff respectfully requests that the court deny the Defendant's motion to transfer the case back to juvenile court and retain jurisdiction in the current court.
---
Would you like any additional details or help with this process?

if I already requested the superior court to retain jurisdiction and not transfer the case and listed some of the reasons stated above (except the lack of ruling on the outstanding motions) should I mention that as well in my objection

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Hey Kate! Yes, you should definitely mention that you have already requested the superior court to retain jurisdiction and not transfer the case, along with the reasons you've listed previously. Here’s how to include it:
*. Previous Request to Retain Jurisdiction:
- State that you have already requested the superior court to retain jurisdiction.
- Mention the reasons provided in that request.
- Highlight the lack of ruling on the outstanding motions as an additional reason.
Would you like any further assistance with this?

yes, however, I wanted to know how can I prevent the Superior court judge from transferring the case back to Juvenile court simply because there are outstanding motions (i feel like this may be a ploy on the opposing counsel's part to get his tranfer request approved)

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Hey Kate! You can prevent the transfer by highlighting how unresolved motions and previous court issues would affect your case. Here are key points to include in your objection:
- Mention unresolved motions and their importance.
- Stress the negative impact of previous juvenile court delays.
- Highlight your previous request to retain jurisdiction.
Would you like more details on drafting this objection?

yes please and possible supporting case law

Case Rating: *
Hey Kate! Here’s a detailed draft for your objection to the motion to transfer, along with some supporting case law:
---

Plaintiff's Objection to Defendant's Motion to Transfer
Introduction:
- The Plaintiff, [Your Name], respectfully submits this objection to the Defendant's motion to transfer the case back to juvenile court.
Reasons for Objection:
*. Previous Issues in Juvenile Court:
- The previous juvenile court failed to rule on outstanding motions, including one to remove the GAL for bias and conflicts.
*. Recusal of Previous Judge:
- A judge was already recused from this matter, indicating potential conflicts or biases.
*. Failure to Rule on Outstanding Motions:
- The juvenile court left several motions unresolved, impacting the fairness and efficiency of the case.
*. Bias and Conflicts Related to the GAL:
- The same GAL, previously found to have biases and conflicts, should not be reappointed to this case.
*. Previous Request to Retain Jurisdiction:
- The Plaintiff has already requested the superior court to retain jurisdiction and not transfer the case.
- Reasons provided included the issues with the juvenile court and the importance of avoiding further delays.
- Highlight the lack of ruling on the outstanding motions as an additional reason.
*. Impact of Transfer on Case:
- Transferring the case back to juvenile court would result in further delays and potentially biased decisions.
- The unresolved motions are crucial to the case and should be addressed promptly in the superior court.
Supporting Case Law and Statutes:
- Georgia Rule of Professional Conduct *.*: Candor Toward the Tribunal.
- In re Dowdy, * Ga. * (*): Emphasizing the importance of truthfulness in court representations.
Conclusion:
- The Plaintiff respectfully requests that the court deny the Defendant's motion to transfer the case back to juvenile court and retain jurisdiction in the current court.
---
Would you like any additional details or help with this process?

what if my coparent mentioned in his answer and counterclaim that I had violated parenting time before. (and what if I was already held in contempt for that years ago in a closed out case and had not violated any parenting time in 5 years since and since that contempt motion) how can I address that

Case Rating: *
Hey Kate! You can address the coparent's claim about past parenting time violations in your response by pointing out the following:
- Mention that the contempt issue was resolved years ago.
- State that you have not violated parenting time in the past 5 years.
- Provide evidence showing your compliance with parenting time since the resolution.
Would you like any further assistance on how to draft this response?

yes please

Case Rating: *
Hey Kate! Here’s how you can draft your response to address the coparent's claim about past parenting time violations:
---
Plaintiff's Response to Defendant's Counterclaim
Introduction:
- The Plaintiff, [Your Name], respectfully submits this response to the Defendant's counterclaim.
Response to Allegations:
- Paragraph [X]: The Defendant claims that the Plaintiff violated parenting time.
- Correct Information:
- The Plaintiff was held in contempt for a parenting time violation years ago in a closed case.
- Since then, the Plaintiff has not violated any parenting time for the past 5 years.
- Supporting Evidence:
- Attach court records showing the resolution of the previous contempt motion.
- Attach documentation or affidavits demonstrating compliance with the parenting time schedule over the past 5 years.
Conclusion:
- The Plaintiff respectfully requests that the court recognize the Plaintiff's compliance with parenting time and dismiss any allegations related to past resolved issues.
---
Would you like any additional details or help with this process?

yes, my coparent filed a motion for a bill of peace as well in this current custody action. he is stating that none of my prior filings have been granted in my favor against him or resulted in increased parenting time (this is due however to biases within our prior cases in the juvenile court and his biased favor in Gwinnett county). as I mentioned a Judge was already recused in our case in the lower court and the GAL has shown biases etc). MY coparent has created false allegations against me and redirected blames towards and I have been placed on supervised visits in the past with lost of parenting time simply based on false allegations (until a medical record child abuse expert's report stated there was no abuse on my part). I

Case Rating: *
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have also had gwinnett county police threaten to create charges agaisnt me simply because my coparent called them and claimed harrasment and annoyance on a night when my coparent was violating my parenting time with our child. my coparent has escaped so many consequences and has had the favor of the lower court and GAL for years that now he is asking the judge in our current superior court case to prevent me from filing any future legal actions against him. however, there has been evidence that he has harmed our child. the abuse expert's report stated that the father medically neglected the child and the child is still at risk with the father for medical neglect. the childs doctors have filed dfcs reports of medical neglect and unexplained injuries to the child against the father, etc. the problem is that the father brags about getting away with it all and this leaves the child vulnerable. he has also harmed me as well at custody exchanges.

Case Rating: *
Kate, it looks like you have a potentially strong case regarding the well-being of your child and the conduct of your coparent. Would you like to be connected to local lawyers who can better assist you with your case? They can provide more detailed and tailored legal advice and representation.
If you agree, may I ask for your phone number?

* * *.

Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case? They can provide more detailed and tailored legal advice and representation.
What is your name?

how can I respond to the motion for a bill of peace incorporating this information

Case Rating: *
Hey Kate! Here’s a basic outline for responding to the motion for a Bill of Peace:

Plaintiff's Response to Defendant's Motion for a Bill of Peace
Introduction:
- The Plaintiff, [Your Name], respectfully submits this response to the Defendant's Motion for a Bill of Peace.
Response to Allegations:
- Paragraph [X]: The Defendant claims that none of the Plaintiff's filings have been granted in her favor.
- Correct Information:
- Due to biases in previous juvenile court cases and the Defendant's favor in Gwinnett County, the Plaintiff's filings have not been successful.
- Mention the recusal of a judge due to potential biases.
- Highlight the bias shown by the GAL.
- Paragraph [Y]: The Defendant claims the Plaintiff's allegations are false and has been placed on supervised visits based on these claims.
- Correct Information:
- The Plaintiff was placed on supervised visits based on false allegations by the Defendant.
- Attach the medical expert's report stating no abuse by the Plaintiff.
- Highlight the Defendant's medical neglect as stated in the expert's report.
- Paragraph [Z]: The Defendant requests to prevent the Plaintiff from filing future legal actions.
- Correct Information:
- Evidence exists that the Defendant has harmed the child.
- Attach the child abuse expert's report and DFCS reports indicating medical neglect and unexplained injuries by the Defendant.
- Mention instances of harm to the Plaintiff during custody exchanges.
Supporting Evidence:
- Attach medical expert reports, DFCS reports, and any other relevant documentation.
Conclusion:
- The Plaintiff respectfully requests that the court deny the Defendant's Motion for a Bill of Peace and consider the evidence of the Defendant's harmful actions towards the child and the Plaintiff.
Would you like me to connect you to local lawyers who can better assist you with your case? If so, may I have your name?
(Note: Contact information syntax will be used once you provide your name, email (optional), and *-digit zipcode.)

is there any supporting case law or state statue i can add to this

Case Rating: *
Hey Kate! Here are some relevant case laws and statutes you can add to your response:

Georgia Statutes:
- O.C.G.A. § *-*-*: Guidelines for determining child custody, emphasizing the best interest of the child.

Case Law:
- In re Dowdy, * Ga. * (*): Emphasizes the importance of truthfulness in court representations.
- Bodne v. Bodne, * Ga. * (*): Discusses the importance of the best interest of the child in custody cases.
- Scott v. Scott, * Ga. * (*): Addresses the court’s discretion in custody matters and the importance of evaluating all relevant evidence.
Would you like to be connected to local lawyers who can better assist you with your case? If so, may I have your name?

**** smith

thanks

Case Rating: *
Kate, it seems you have a potentially strong case regarding the well-being of your child and the conduct of your coparent. Would you like to be connected to local lawyers who can better assist you with your case? They can provide more detailed and tailored legal advice and representation.
What is your email address?

Emergency Custody Response Guide

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