Fraudulent Custody Claims Georgia

Summary

In Georgia, you can sue for fraud if a co-parent knowingly made false statements impacting custody decisions. You may also pursue defamation if false claims were shared with third parties. To proceed, gather evidence of false statements and harm caused. Consider consulting with a family law attorney to file a complaint in civil court. The statute of limitations for fraud is generally two years from discovery, but ongoing actions may extend this. If new evidence arises, such as hidden medical visits, you can file to modify custody orders or for contempt.

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Can I sue for fraud in ga against a coparent who knowingly lied during our custody hearing
Hi Cindy,
I'm sorry to hear about your situation. To provide you with accurate information, could you please specify if the false statements made by your co-parent had a direct impact on the custody decision? This will help determine the appropriate legal action you can take.
my coparent made false claims that our child was only sick or symptomatic while in my care and not his and that he was perfect in his care and needed no medications or treatments. as a result I was punished, sanctioned, placed on supervised visits and more. I recently found out that my coparent was secretly taking the child to other medical providers for treatment of symptoms in his care
Hi Cindy,
I'm sorry to hear about your situation. Here is some general information regarding fraud in custody cases in Georgia:
- **Fraud**: You may have grounds for a fraud claim if you can prove that your co-parent knowingly made false statements that directly impacted the custody decision.
- **Modification**: You can file a petition to modify the custody order based on new evidence that your co-parent concealed medical treatments.
- **Contempt**: You may also file a contempt motion if the co-parent violated the court order.
Would you like more information on how to proceed with these actions?
yes but I am more focused on the fraud aspect because he also made claims that injuries happened to my child while in my care when in fact they did not and it was proven that it occurred in his care. he made these statements recently to our child's little league providers and then sent them copies of the court orders where i was sanctioned unfairly as mentioned above
Hi Cindy,
I'm sorry to hear about your situation. Here is some general information regarding fraud in custody cases in Georgia:
- **Fraud**: To sue for fraud, you must prove your co-parent knowingly made false statements, causing you harm.
- **Defamation**: You may also have grounds for a defamation claim if false statements were made to third parties, like the little league providers.
Would you like more information on how to proceed with these actions?
yes
Hi Cindy,
Here’s more information on how to proceed with fraud and defamation actions in Georgia:
- **Fraud**:
- File a complaint in civil court.
- Gather evidence proving false statements and harm caused to you.
- **Defamation**:
- You must prove false statements were made to third parties and harmed your reputation.
- File a defamation lawsuit in civil court.
Would you like guidance on how to start these legal processes?
yes
Hi Cindy,
Here’s how to start the legal processes for fraud and defamation in Georgia:
- **Fraud**:
- Consult with a family law attorney.
- File a complaint in civil court with evidence of false statements and harm.
- **Defamation**:
- Consult with a defamation attorney.
- File a defamation lawsuit in civil court with evidence of false statements made to third parties.
Would you like help finding a legal professional in your area?
what if my coparent also served my adult child a copy of a subpeona that had a fraudelent type of hearing listed in order to obtain private leasing information and was successful in doing so
Hi Cindy,
I'm sorry to hear about your situation. Here’s some general information regarding the fraudulent subpoena in Georgia:
- **Fraudulent Subpoena**:
- Misuse of a subpoena can be a legal violation.
- You may report this to the court that issued the subpoena.
- Consider consulting with an attorney to discuss potential legal actions such as a motion to quash the subpoena or filing a complaint for misuse.
Would you like more detailed information on any of these steps?
yes. I am able to add the subpoena information to my defamation/fraud suit
Hi Cindy,
I'm sorry to hear about your situation. Here’s how to proceed with adding the subpoena information to your defamation/fraud suit in Georgia:
- **Fraudulent Subpoena**:
- **Include Evidence**: Add the fraudulent subpoena and its misuse as evidence in your fraud claim.
- **Modify Complaint**: Amend your lawsuit to include details of the misuse of the subpoena.
Would you like guidance on how to amend your legal complaint?
yes
Hi Cindy,
Here’s how to amend your legal complaint in Georgia:
- **Draft an Amendment**: Prepare an amended complaint detailing the misuse of the subpoena.
- **File with Court**: Submit the amended complaint to the court where your original lawsuit was filed.
- **Serve the Defendant**: Ensure your co-parent receives a copy of the amended complaint.
Would you like more detailed information on any of these steps?
is there a statue of limitations on fraud complaints in ga if the fraud has been ongoing and repeated to others
Hi Cindy,
In Georgia, the statute of limitations for fraud is generally two years from the date the fraud was discovered or should have been discovered. However, ongoing and repeated fraudulent actions may affect this timeline.
Would you like more information on how to determine the specific timeframe for your case?
yes
Hi Cindy,
To determine the specific timeframe for your fraud case in Georgia:
- **Discovery Rule**: Generally, the two-year statute of limitations starts when you discover or should have discovered the fraud.
- **Ongoing Fraud**: Repeated actions could extend the timeline.
Would you like more detailed guidance on gathering evidence for your case?
yes
Hi Cindy,
Here’s how to gather evidence for your fraud case in Georgia:
- **Document Everything**: Keep records of all false statements and actions.
- **Collect Proof**: Gather medical records, subpoenas, and other documents.
- **Witness Statements**: Obtain statements from witnesses who can verify the falsehoods.
Would you like more detailed guidance on any of these steps?
what can i do if I found out only recently that our child was being taken to hidden medical providers
Hi Cindy,
I'm sorry to hear about your situation. Here is some general guidance on dealing with hidden medical providers in Georgia:
- **Document Visits**: Gather any evidence of visits to these hidden medical providers.
- **Modification**: File a petition to modify the custody order based on new evidence.
- **Contempt**: File a motion for contempt if the co-parent violated court orders.
Would you like more detailed information on any of these steps?
no thats all thanks
You're welcome, Cindy. If you have any more questions in the future, feel free to reach out. Take care!