Call Now: 866-687-8561
Menu Contact

Custody: This Week of Chicanery

This past season of "Better Call Saul" had an episode titled "Chicanery." What a great word! And a pretty good word to describe this particular week on our Savannah office's calendar.

Chi-can-er-y: n., the use of trickery to achieve a political, financial, or legal purpose. Google Dictionary.

Chatham County Public Schools have recently started the school year the first week of August. This year, Chatham County Public Schools start next week, August 3rd. The Superior Court Judges of Georgia have their annual conference the last week of July every year. With some exceptions, the Superior Court of Georgia has exclusive jurisdiction over family law disputes. During the week of their conference, a lower court judge will often be selected to serve for any emergencies that may arise that would ordinarily require a Superior Court Judge to determine.

And almost without fail, each year I have at least one case that exists solely because some unscrupulous non-custodial parent takes advantage of this schedule. You know, engages in chicanery.

It's almost identical every time. Non-custodial parent is coming to the close of their summer visitation. Child is to return to the custodial parent the week before school starts back so that child can get back into their regular school year routine. A day or two before the return date, non-custodial parent runs to their local courthouse and obtains an Ex Parte Emergency Order for custody of the minor child. Rather than receiving their child, the custodial parent gets served with a Court Order stripping them of ALL contact with their minor child and schedules them for a hearing at least a few weeks, if not a month later.

The strategy for the non-custodial parent is simple: by the time the temporary hearing occurs, the child will have been at the new school for two to three weeks or longer and the non-custodial parent hopes the Judge will hesitate to up root the child again. It is short minded strategy that rarely yields long term success. Inevitably, in an effort to persuade the Judge at the ex parte, the trickster will oversell his or her lies to the Judge, overplaying their hand and setting themselves up for failure at the follow-up hearing.

The strategy for the custodial parent must be to come to court for the temporary hearing "loaded for bear," as the phrase goes, and be able to show the Judge that the non-custodial parent lied under oath at the ex parte hearing. Without fail, Judges universally despise being lied to, particularly when the purpose of the lie is to snatch away custody of a child.

The custodial parent MUST be able to unveil and reveal the non-custodial parent's lies and deceit and a bright, hot spotlight must be shown upon them. That is the one tried and true method of overcoming this Week of Chicanery. Get ready. Gear Up. And let's get to work.

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

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.


Privacy Policy

The Manely Firm, P.C.
211 Roswell St
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
One Hartsfield
100 Hartsfield Centre Parkway
Suite 501
Atlanta, GA 30354

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

Savannah Office
128 Habersham Street
Savannah, GA 31401

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