Call For A Free Consultation: 866-687-8561
Menu Contact

Custody and the Boy Who Cried Wolf

Tonight's post on The Boy Who Cried Wolf in a custody case was written by our Savannah family law attorney, David Purvis.

I have previously discussed my concerns with the abuse of the ex parte process in family law. This week I watched an opposing party go down in flames for an abuse of that very ex parte emergency process.

Four times in two different counties in the past eight months, this guy filed an "emergency" motion for a change of custody. FOUR TIMES! And on all four occasions, his petition was dismissed. Not once did he present a shred of evidence that showed that his children were in any danger or that there was any actual emergency that required a judge to push the other 300+ open cases on their dockets to the side to hear his pleas immediately.

At this most recent hearing this week, the boy who cried wolf made another appearance. The judge very rightly denied his petition for modification of custody, but still allowed for an unscheduled visitation to occur that evening since opposing party had driven 5 hours to be in court here in Savannah and the children live here in Savannah. All afternoon in court, opposing party kept telling the judge "I just want more time with my children." We had no objection to him seeing his children that evening and the judge set out a dinner visitation. Guess who did not show up to dinner? That's right, the boy who cried wolf.

Opposing party's intentions have been made crystal clear to all involved by crying wolf. His true intent is not more time-on-task with his children. If it were, he would have shown up for dinner this week. He would have squeezed every precious minute of time with his children he could. He would have taken the extra time given to him by the judge and made the most of it.

That's really what we all want from our co-parenting situations - that both parents have as much time as possible with their children. But opposing party's true intentions were made clear at both the hearing and his failure to show for visitation - he is filing these actions to harass his ex. Every time he files one of these "emergency" actions, his ex has to hire an attorney, take time off of work, and defend herself.

Aside from making opposing party pay for his ex's attorneys fees and costs for these non-emergency, frivolous actions, there are no prophylactics to prevent opposing party from filing again or from claiming an emergency. There is no way of closing the courthouse doors to him and I don't think we should. One day there may be an actual emergency. Whether anyone listens if and when the wolf does come is an entirely different story.

David Purvis

No Comments

Leave a comment
Comment Information
Email us for a response

Contact The
Manely Firm, P.C. Today We know how to safeguard the future of your family.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Manely Firm, P.C.
211 Roswell Street
Marietta, GA 30060

Toll Free: 866-687-8561
Phone: 770-421-0808
Marietta Law Office Map

Lawrenceville Office
148 S Clayton Street, Ste. B
Lawrenceville, GA 30046

Toll Free: 866-687-8561
Phone: 678-534-6250
Lawrenceville Law Office Map

Atlanta Office
121 Martin Luther King, Jr. Dr., Suite 430
Atlanta, GA 30303

Toll Free: 866-687-8561
Atlanta Law Office Map

Savannah Office
427 E. York Street
Savannah, GA 31401

Toll Free: 866-687-8561
Phone: 912-748-1192
Fax: 912-200-6773
Savannah Family Law Office Map