Questions Answered by Paula J. Mcgill

Q: What would I need to do to get sole custody in Georgia?

1 Answer | Asked in Child Custody for Georgia on Dec 4, 2014

Answered on Dec 4, 2014

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Paula J. Mcgill's answer
If the father is $20,000 behind in child support, you should file a contempt action against him. In that same action, you can also file a petition to modify custody based upon his move out state. This move out of state should be considered a substantial change of circumstances.

You should be able to obtain full physical custody with some visitation to the father, but the court may allow him to retain shared legal custody. Consult with local attorney to determine if it will be worth...

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Q: if we were never served eviction papers can we dispute an eviction?

1 Answer | Asked in Landlord - Tenant for Georgia on Nov 12, 2014

Answered on Dec 4, 2014

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Paula J. Mcgill's answer
Go the magistrate court in your county and see if the landlord actually filed the dispossessory against you. If he has filed, but has not served you personally or through tack and mail, challenge the matter. It may serve you well to consult with an attorney about the matter.

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Q: Ex boyfriend is delinquent on two child support payments. When will I get that money for it?

1 Answer | Asked in Family Law for Georgia on Dec 4, 2014

Answered on Dec 4, 2014

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Paula J. Mcgill's answer
If you don't receive payments through child support services, you should write (e-mail or call) and ask him about the payments. If he refuses to pay or claims he cannot pay, you'll have to file a contempt action. You don't necessarily need an attorney to file the contempt action. However, you may want to retain one if you are uncertain about court procedure.

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Q: I raised my daughter for six years,she went to visit her mom, and her mom hasent let me see her since, shes 8 now...

1 Answer | Asked in Family Law for Georgia on Oct 4, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
If the mother has lived in that state for at least six months, that state has jurisdiction to hear any custody/visitation dispute. Find an experienced family law attorney who practices in the county where your daughter lives.

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Q: Can they take support from a second job

1 Answer | Asked in Child Support for Georgia on Oct 7, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
Support is based on the gross income of the parents. So, your income from your second job will be considered.

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Q: I take care of my daughter but her mom still threatens to put me on child support what can I do?

1 Answer | Asked in Child Support for Georgia on Oct 6, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
If she wants to put you on child support, she can do so.

Child support is based on the needs of the child and the relative income of the parents.

Check the Georgia Child Support calculator. You may be paying signficiantly less than what the calculator states you should be paying. In the meantime, may sure you pay her by check or money order to show you have been supporting your child.

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Q: My child's mother has custody, but she wants him to move in with me. Do I need to keep paying child support after he mov

1 Answer | Asked in Family Law for Georgia on Oct 8, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
You have to pay child support until the court issues an order telling you otherwise. Of course, she can always return it to you after you pay it.

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Q: My husband is in jail and I want a divorce. what steps do I take.

1 Answer | Asked in Divorce for Georgia on Oct 9, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
More information is needed. Although he is in jail, you still have to have grounds for divorce. The first step should be to consult with a lawyer, especially if you have minor children, marital assets, and/or marital liabilities. An initial consultation does not obligate you to retain an attorney. However, it's a good first step.

Yes, if you don't have grounds for the divorce, he can fight you. However, nowadays, objections to a divorce are rarely successful. In my experience,...

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Q: My Child Support is $1200 for my two children ages 17 and 14. Will it drop to $600 when I no longer pay for the oldest?

1 Answer | Asked in Family Law for Georgia on Oct 10, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
More likely than not, no. Go to the Georgia child support calculator to determine the amount for one child. Any disputes may have to be decided by the Court. So, to save money, it may be better to agree to an amount based on the child support calculator and file for a consent order.

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Q: can you file a motion to stop an order for child custody, georgia

1 Answer | Asked in Family Law for Georgia on Oct 12, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
Get another attorney immediately. You can file a motion for reconsideration or file an appeal. There are time limits for both., so be careful However, next time, be careful of the attorney you choose to represent you. Interview several lawyers before selecting one.

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Q: How can we get custody of mygrandson?? He was living with one of my daughters until his mother moved and went to jail

1 Answer | Asked in Family Law for Georgia on Oct 12, 2014

Answered on Oct 13, 2014

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Paula J. Mcgill's answer
It may be easier to obtain permanent legal guardianship.

Check with the probate court of the county where your grandson lived with the your daughter. Your daughter can sign the forms to permit you ot obtain guardianship.

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Q: after a lawyer is used by me how long is the time that a lawyer can take another client and be against me

1 Answer | Asked in Legal Malpractice for Maryland on Sep 16, 2014

Answered on Sep 22, 2014

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Paula J. Mcgill's answer
There isn't a set time. If you believe the attorney has violated ethical rules, contact the Maryland Appeals Court and file a complaint. They will do an investigation in the matter to determine if the lawyer did anything wrong ethically.

http://www.courts.state.md.us/attygrievance/complaint.html

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Q: If I go back with my ex still have to pay child support

1 Answer | Asked in Child Support for Georgia on Sep 16, 2014

Answered on Sep 22, 2014

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Paula J. Mcgill's answer
You have to pay child support until the court orders you to stop. For your protection, once you get back with your ex, file a petition to modify child support.

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Q: my mom has my kids im trying to get back if I leave my boy friend will I still be able to get my kids back

1 Answer | Asked in Child Custody for Georgia on Sep 16, 2014

Answered on Sep 21, 2014

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Paula J. Mcgill's answer
It all depends on why your children were taken away from you and given to your mother. If your boyfriend played a big role in the judge's decision, the first step in getting your children back will be to leave your boyfriend.

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Q: If i pay child support can i8 have my son in the summer, every other big holiday, all weekends & spring break?

1 Answer | Asked in Family Law for Georgia on Sep 17, 2014

Answered on Sep 21, 2014

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Paula J. Mcgill's answer
Have you legitimated your son? If yes, you can file a petition for visitation.

If you haven't legitimated your son, you can legitimate him and file for visitation in a single peitition.

Otherwise, you are not entitled to visitation, and you are at the mercy of the whims of the mother.

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Q: Do I have to pay child support to someone that the child does not live with?

1 Answer | Asked in Family Law for Georgia on Sep 19, 2014

Answered on Sep 21, 2014

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Paula J. Mcgill's answer
You have to pay support until the court orders you to stop doing so. File a petition to modify child support. Of course, you'll have to have evidence that the child does not live with the custodial parent. Also, if the court determines the child is with someone else, you may be ordered to pay child support to that person.

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Q: I'm filing for divorce. I asked my husband to leave. He said, no so I left. House in my name. How to get my house back?

1 Answer | Asked in Family Law for Georgia on Sep 20, 2014

Answered on Sep 21, 2014

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Paula J. Mcgill's answer
Is the house in your name or his? You said the house is in your name, but you quit claimed the deed to him. Did you give him a 50% share or a 100% share of the house.?

Regardless, obtain a copy of the quit claim deed and retain an experienced attorney to file for divorce and seek a temporary order so you can obtain possesion of the house until a final order is entered.

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Q: Executor sold all property inside house of deceased; upon receipt of will (later) I was to inherit

1 Answer | Asked in Probate for Georgia on Sep 21, 2014

Answered on Sep 21, 2014

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Paula J. Mcgill's answer
The issues raised in your question cannot be answered on this site. You should take the will, the order, and other documents filed in the case and take it to local counsel. An experienced attorney will be able to explain the distribution order and the responsibilities of an administrator/executor.

Keep in mind, a will is not a contract. Moreover, the liabilities of the estate must be paid before the estate is distributed to the beneficiaries. Again, counsel will be able to explain...

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Q: in Georgia can the non custodial parent take a child out of state without premission?

1 Answer | Asked in Family Law for Georgia on Sep 21, 2014

Answered on Sep 21, 2014

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Paula J. Mcgill's answer
Some orders require the noncustodian parent to keep the child in-state during visitation. Check the order to determine if yours contains this limitation. Without that limitation, the noncustodian parent can take the child out of state during visitation.

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