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Court Motion And Custody Strategy
Summary
If a court in Georgia didnt rule on a motion to remove a GAL before closing a case, you can request a hearing for the unresolved motion and file for custody modification. If a motion to reconsider was denied and a higher court affirmed due to lack of transcript, file a new petition to modify custody, outlining significant changes in circumstances. Address the unresolved GAL motion first, especially if filed in Juvenile Court, before filing for custody modification in Superior Court. Present reasons against transferring the case back to Juvenile Court, including past judge recusal. Amend the motion to remove the GAL to include current reasons.Full Conversation
what can be done if the court never ruled on a motion to remove the GAL before entering a final order and the case was closed out
Hi Kim,
In Georgia, if the court never ruled on a motion to remove the Guardian ad Litem (GAL) before entering a final order and the case was closed, you can consider the following steps:
- File a motion for reconsideration in the same court.
- Appeal the final order to a higher court, focusing on the unresolved motion.
Have you spoken with an attorney about these options?
In Georgia, if the court never ruled on a motion to remove the Guardian ad Litem (GAL) before entering a final order and the case was closed, you can consider the following steps:
- File a motion for reconsideration in the same court.
- Appeal the final order to a higher court, focusing on the unresolved motion.
Have you spoken with an attorney about these options?
what if a motion to reconsider was already filed and denied and the higher court affirmed the trial court's final order due to lack of transcript. How can I file for a new modification of custody in the same court with the same GAL who may be biased and hasnt had the motion to remove the GAL for biases ruled on
Hi Kim,
To address this situation in Georgia, you may consider:
- Filing a new petition to modify custody, outlining any significant changes in circumstances that affect the child’s welfare.
- Requesting a hearing for the unresolved motion to remove the GAL due to bias.
Have you documented any changes or new evidence supporting the modification?
To address this situation in Georgia, you may consider:
- Filing a new petition to modify custody, outlining any significant changes in circumstances that affect the child’s welfare.
- Requesting a hearing for the unresolved motion to remove the GAL due to bias.
Have you documented any changes or new evidence supporting the modification?
would I file the modification for custody first or request a hearing for the unresolved motion to remove the GAL first
Hi Kim,
In Georgia, it might be strategic to first request a hearing for the unresolved motion to remove the GAL due to bias. This could potentially impact the modification of custody case. Have you gathered all necessary evidence to support the GAL's removal?
In Georgia, it might be strategic to first request a hearing for the unresolved motion to remove the GAL due to bias. This could potentially impact the modification of custody case. Have you gathered all necessary evidence to support the GAL's removal?
yes
Hi Kim,
That's great to hear that you've gathered the necessary evidence. Here are the steps you might consider:
- **Request a Hearing:** File a motion requesting a hearing for the unresolved motion to remove the GAL due to bias.
- **File for Custody Modification:** After addressing the GAL issue, file a petition to modify custody, presenting any significant changes in circumstances.
Would you like more detailed information on how to file these motions in Georgia?
That's great to hear that you've gathered the necessary evidence. Here are the steps you might consider:
- **Request a Hearing:** File a motion requesting a hearing for the unresolved motion to remove the GAL due to bias.
- **File for Custody Modification:** After addressing the GAL issue, file a petition to modify custody, presenting any significant changes in circumstances.
Would you like more detailed information on how to file these motions in Georgia?
what if the motion to remove the GAL for bias was filed in Juvenile Court and the Motion to modify custody has to be filed in Superior court
Hi Kim,
In Georgia, you should:
- **Request a Hearing in Juvenile Court:** Seek a hearing for the unresolved motion to remove the GAL due to bias.
- **File for Custody Modification in Superior Court:** After addressing the GAL issue, file the petition for custody modification in the Superior Court.
Would you like help with the specific procedures for filing these motions?
In Georgia, you should:
- **Request a Hearing in Juvenile Court:** Seek a hearing for the unresolved motion to remove the GAL due to bias.
- **File for Custody Modification in Superior Court:** After addressing the GAL issue, file the petition for custody modification in the Superior Court.
Would you like help with the specific procedures for filing these motions?
yes please
Hi Kim,
Here are the steps for filing these motions in Georgia:
- **Request a Hearing in Juvenile Court:**
*. Draft a motion requesting a hearing for the unresolved motion to remove the GAL.
*. File the motion with the Juvenile Court where the original motion was filed.
*. Serve the motion to all relevant parties.
- **File for Custody Modification in Superior Court:**
*. Draft a petition to modify custody, detailing significant changes in circumstances.
*. File the petition with the Superior Court in the county where the child resides.
*. Serve the petition to the other parent and any other relevant parties.
Would you like more details on drafting these motions?
Here are the steps for filing these motions in Georgia:
- **Request a Hearing in Juvenile Court:**
*. Draft a motion requesting a hearing for the unresolved motion to remove the GAL.
*. File the motion with the Juvenile Court where the original motion was filed.
*. Serve the motion to all relevant parties.
- **File for Custody Modification in Superior Court:**
*. Draft a petition to modify custody, detailing significant changes in circumstances.
*. File the petition with the Superior Court in the county where the child resides.
*. Serve the petition to the other parent and any other relevant parties.
Would you like more details on drafting these motions?
yes
Hi Kim,
Here are some more details on drafting these motions in Georgia:
- **Drafting the Motion for Hearing in Juvenile Court:**
*. **Title**: Clearly title the motion as "Motion for Hearing on Unresolved Motion to Remove Guardian ad Litem."
*. **Introduction**: Identify the parties involved and the original case number.
*. **Body**: State the reasons for the hearing, referencing the unresolved motion and evidence of bias.
*. **Conclusion**: Request a specific date for the hearing and any other relevant relief.
*. **Signature**: Sign and date the motion.
- **Drafting the Petition to Modify Custody in Superior Court:**
*. **Title**: Clearly title the petition as "Petition to Modify Custody."
*. **Introduction**: Identify the parties, the current custody arrangement, and the case number.
*. **Body**: Detail the significant changes in circumstances affecting the child’s welfare.
*. **Conclusion**: Request the specific custody changes you seek.
*. **Signature**: Sign and date the petition.
Would you like more information on filing these motions or serving them to the
Here are some more details on drafting these motions in Georgia:
- **Drafting the Motion for Hearing in Juvenile Court:**
*. **Title**: Clearly title the motion as "Motion for Hearing on Unresolved Motion to Remove Guardian ad Litem."
*. **Introduction**: Identify the parties involved and the original case number.
*. **Body**: State the reasons for the hearing, referencing the unresolved motion and evidence of bias.
*. **Conclusion**: Request a specific date for the hearing and any other relevant relief.
*. **Signature**: Sign and date the motion.
- **Drafting the Petition to Modify Custody in Superior Court:**
*. **Title**: Clearly title the petition as "Petition to Modify Custody."
*. **Introduction**: Identify the parties, the current custody arrangement, and the case number.
*. **Body**: Detail the significant changes in circumstances affecting the child’s welfare.
*. **Conclusion**: Request the specific custody changes you seek.
*. **Signature**: Sign and date the petition.
Would you like more information on filing these motions or serving them to the
when I file the motion to modify custody in superior court, can I present other reasons why the superior court should not transfer the case back to juvenile court including the recusal and disqualification on one of the past judges in our case
Hi Kim,
Yes, you can present reasons why the Superior Court should not transfer the custody case back to Juvenile Court, including issues like recusal and disqualification of a past judge. Make sure to include these points clearly in your motion to modify custody.
Would you like more details on how to draft this part of your motion?
Yes, you can present reasons why the Superior Court should not transfer the custody case back to Juvenile Court, including issues like recusal and disqualification of a past judge. Make sure to include these points clearly in your motion to modify custody.
Would you like more details on how to draft this part of your motion?
yes p[lease
Hi Kim,
Here are details on drafting the part of your motion to modify custody in Superior Court to address why the case should not be transferred back to Juvenile Court:
- **Title**: Clearly title the petition as "Petition to Modify Custody."
- **Introduction**: Identify the parties, the current custody arrangement, and the case number.
- **Body**:
*. **Significant Changes in Circumstances**: Detail changes affecting the child’s welfare.
*. **Reasons Against Transfer**:
- **Recusal/Disqualification**: Explain past judge recusal/disqualification and its impact.
- **Jurisdiction**: Argue why Superior Court is better suited for the case.
- **Conclusion**: Request specific custody changes and that the case remains in Superior Court.
- **Signature**: Sign and date the petition.
Would you like more help with specific language or formatting?
Here are details on drafting the part of your motion to modify custody in Superior Court to address why the case should not be transferred back to Juvenile Court:
- **Title**: Clearly title the petition as "Petition to Modify Custody."
- **Introduction**: Identify the parties, the current custody arrangement, and the case number.
- **Body**:
*. **Significant Changes in Circumstances**: Detail changes affecting the child’s welfare.
*. **Reasons Against Transfer**:
- **Recusal/Disqualification**: Explain past judge recusal/disqualification and its impact.
- **Jurisdiction**: Argue why Superior Court is better suited for the case.
- **Conclusion**: Request specific custody changes and that the case remains in Superior Court.
- **Signature**: Sign and date the petition.
Would you like more help with specific language or formatting?
yes
Hi Kim,
Here are some specific language and formatting tips for drafting your motion to modify custody in Superior Court:
- **Title**: "Petition to Modify Custody and Opposition to Transfer to Juvenile Court"
- **Introduction**:
```
Comes now [Your Name], Petitioner, and respectfully submits this Petition to Modify Custody and Opposition to Transfer to Juvenile Court, identifying the parties involved, the current custody arrangement, and the case number [Case Number].
```
- **Body**:
*. **Significant Changes in Circumstances**:
```
Since the last custody order, significant changes have occurred that impact the welfare of the child, including [Describe Changes].
```
*. **Reasons Against Transfer**:
- **Recusal/Disqualification**:
```
The Juvenile Court previously had a judge recuse/disqualify themselves from this case due to [Reason]. This raises concerns about fairness and impartiality.
```
- **Jurisdiction**:
```
The Superior Court is better suited to handle this custody modification due to [Provide Reasons, e.g., complexity of issues, better resources].
```
- **Conclusion**:
```
Wherefore, Petitioner requests
Here are some specific language and formatting tips for drafting your motion to modify custody in Superior Court:
- **Title**: "Petition to Modify Custody and Opposition to Transfer to Juvenile Court"
- **Introduction**:
```
Comes now [Your Name], Petitioner, and respectfully submits this Petition to Modify Custody and Opposition to Transfer to Juvenile Court, identifying the parties involved, the current custody arrangement, and the case number [Case Number].
```
- **Body**:
*. **Significant Changes in Circumstances**:
```
Since the last custody order, significant changes have occurred that impact the welfare of the child, including [Describe Changes].
```
*. **Reasons Against Transfer**:
- **Recusal/Disqualification**:
```
The Juvenile Court previously had a judge recuse/disqualify themselves from this case due to [Reason]. This raises concerns about fairness and impartiality.
```
- **Jurisdiction**:
```
The Superior Court is better suited to handle this custody modification due to [Provide Reasons, e.g., complexity of issues, better resources].
```
- **Conclusion**:
```
Wherefore, Petitioner requests
thank
You're welcome, Kim! If you need any further assistance or have more questions, feel free to ask. Good luck with your case!
Last question, am I able to modify the outstanding motion to remove the GAL to include current reasons when asking for a hearing
Hi Kim,
Yes, you can modify the outstanding motion to remove the GAL to include current reasons when asking for a hearing. Here’s how:
- **Amend the Motion**: File an amended motion that includes both the original reasons and any new reasons for the GAL's removal.
- **Clearly State the New Reasons**: Highlight the new evidence or changed circumstances supporting your request.
Would you like more details on how to draft the amended motion?
Yes, you can modify the outstanding motion to remove the GAL to include current reasons when asking for a hearing. Here’s how:
- **Amend the Motion**: File an amended motion that includes both the original reasons and any new reasons for the GAL's removal.
- **Clearly State the New Reasons**: Highlight the new evidence or changed circumstances supporting your request.
Would you like more details on how to draft the amended motion?
yes please
Hi Kim,
Here are details on drafting an amended motion to remove the GAL in Georgia:
- **Title**: "Amended Motion to Remove Guardian ad Litem"
- **Introduction**:
```
Comes now [Your Name], Petitioner, and respectfully submits this Amended Motion to Remove Guardian ad Litem, identifying the parties involved and the original case number [Case Number].
```
- **Body**:
*. **Original Reasons**:
```
Petitioner previously requested the removal of the Guardian ad Litem based on [List Original Reasons].
```
*. **New Reasons**:
```
Since filing the original motion, additional reasons have emerged that warrant the GAL's removal, including [List New Reasons and Evidence].
```
- **Conclusion**:
```
Wherefore, Petitioner respectfully requests that this Court schedule a hearing to consider the removal of the Guardian ad Litem based on the reasons stated herein.
```
- **Signature**: Sign and date the motion.
Would you like assistance with any other aspect of your case?
Here are details on drafting an amended motion to remove the GAL in Georgia:
- **Title**: "Amended Motion to Remove Guardian ad Litem"
- **Introduction**:
```
Comes now [Your Name], Petitioner, and respectfully submits this Amended Motion to Remove Guardian ad Litem, identifying the parties involved and the original case number [Case Number].
```
- **Body**:
*. **Original Reasons**:
```
Petitioner previously requested the removal of the Guardian ad Litem based on [List Original Reasons].
```
*. **New Reasons**:
```
Since filing the original motion, additional reasons have emerged that warrant the GAL's removal, including [List New Reasons and Evidence].
```
- **Conclusion**:
```
Wherefore, Petitioner respectfully requests that this Court schedule a hearing to consider the removal of the Guardian ad Litem based on the reasons stated herein.
```
- **Signature**: Sign and date the motion.
Would you like assistance with any other aspect of your case?
no thats all thanks
You're welcome, Kim! If you have any more questions in the future, feel free to reach out. Good luck with your case!
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