Georgia: Can Medical Neglect By Custodial Parent Justify Emergency Custody

Location: Georgia

I’m in Georgia and my ex-husband received full custody during our divorce in 2022. At the time I was homeless and didn’t contest the divorce because he told me he wouldn’t interfere with my relationship with our sons. For about a year after the divorce, I still saw them almost daily. They would get off the bus at my house, we’d do homework and dinner, and their dad would pick them up after work. In 2023 my ex was pulled over while we were in the car and police found meth on him. He was arrested about a month later. After that, his father took over communication and restricted my time with the kids to every other weekend. I was also shut out of decisions about their schooling and health. Over the past couple years there have been serious medical and dental issues with the kids that I believe were ignored for long periods of time. For example, my oldest had a cavity for years that caused swelling and fevers. It eventually led to a severe infection that required surgery under his jaw because the infection had spread through the jawbone. I had previously sent messages to their father and grandfather about the tooth and the swelling. Both of my sons have also had permanent teeth removed at very young ages, and my youngest currently has another tooth that has been untreated for about three years. My youngest also walks on his tip-toes, and their doctor referred him to physical therapy multiple times, but their father never followed up. My ex recently moved out of his father’s house but left the kids living with the grandfather, while still refusing to let them stay with me more than occasional visits. I have photos, messages, and medical paperwork documenting these issues. My question is: Could this level of medical/dental neglect qualify for emergency custody in Georgia, or would I still have to go through a full custody modification case? I also cannot afford a long legal battle.

Evidence I have Text messages showing I repeatedly told their father and grandfather about my son’s swollen jaw, fevers, and the tooth issue. Medical records from the surgery noting the infection and that it originated from a long-term untreated tooth. Photos documenting the swelling and dental issues over time. Documentation showing both children had permanent teeth removed at very young ages due to dental neglect. Photos and messages documenting another untreated tooth that has been present for about 3 years. Doctor referrals for my youngest son to attend physical therapy for persistent toe-walking that were never followed up on. Messages showing I was excluded from health and education discussions. Clarification I’m not trying to take the kids away from their father out of spite. My concern is that serious medical issues are being ignored until they become emergencies, and I’m trying to understand whether this is something that could justify emergency custody in Georgia or if my only option is a standard custody modification.

If emergency custody might apply, who would I contact first in Georgia (court clerk, legal aid, etc.) if I can’t afford an attorney?