Questions Answered by Paula J. Mcgill

Q: I jointly own a house in MD. I want to sell the house but she dosent. Can I force the sale?

1 Answer | Asked in Real Estate Law for Maryland on Apr 30, 2014

Answered on May 23, 2014

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Paula J. Mcgill's answer
You may be able to force a sale in a partition action. It all depends on the type of ownership you have in the property. Hire an attorney to advise you in the matter.

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Q: Someone acted as me in court without me knowing. What steps can I take?

1 Answer | Asked in Criminal Law for Maryland on May 12, 2014

Answered on May 23, 2014

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Paula J. Mcgill's answer
Yes, ASAP, retain an experienced family law attorney to open the matter and obtain evidence of the fraud on the court. The judge in the family law matter may notify the district attorney to open a criminal matter once you prove in court you were not present during either hearing.

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Q: If i live in maryland and me and my girlfriend have custody but not thru the courts can she take my 2 year old son to

1 Answer | Asked in Family Law for Maryland on May 11, 2014

Answered on May 23, 2014

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Paula J. Mcgill's answer
Maryland will have jurisdiction of the matter up to six months after she leaves the state. The court will determine if she must return. A temporary hearing may be required to resolve that issue. I strongly recommend you find local counsel and file to legalize the child and to obtain custody/visitation as soon as possible. It is logistically better to file and serve her before she leaves the state.

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Q: My 11yr son mother wants to change his name to her married last name. Do I have a right to say no? We were never married

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

Answered on May 23, 2014

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Paula J. Mcgill's answer
Have you legitimated your son? If not, and you want to oppose the name change, now is the time to file a petition for legitimation and file the objection.

If you have already legitimated your son, file the objection.

You may want to schedule a meeting with an attorney to discuss your options in full, including legitimation, the name change, and formal visitation.

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Q: I have been asked to sign a Selection and Consent which includes agreement to OCGA 53-12-261. what does this mean?

1 Answer | Asked in Estate Planning for Georgia on May 22, 2014

Answered on May 23, 2014

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Paula J. Mcgill's answer
In brief, ocga 53-12-261 gives the trustee broad powers with limited liability for certain matters. The selection and consent is exactly that, you agree to the selection of the trustee or administrator and consent to to same. It is very important that you take the documents to an experienced trust and probate attorney in your area before you sign the documents to discuss your rights and what you are waiving by signing the documents.

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Q: Can I sign over my parental right while im incarcerated for non-payment

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

Answered on Apr 27, 2014

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Paula J. Mcgill's answer
One has nothing to do with the other. Therefore, you may still be obligated to pay child support even if you sign over your rights. If you want to see your child, file for legitimation, if you haven't done so already, and ask for regular visitation. You can still establish a relationship with your child even if you are in prison. The court will determine if you qualify for visitation based upon your record.

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Q: Is it legal to marry your non blood cousin in Georiga.

1 Answer | Asked in Family Law for Georgia on Apr 24, 2014

Answered on Apr 27, 2014

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Paula J. Mcgill's answer
Legally - yes, you can marry.

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Q: Are there any laws that prevent the father from seeing and spending time with his child?

1 Answer | Asked in Family Law for Georgia on Apr 25, 2014

Answered on Apr 27, 2014

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Paula J. Mcgill's answer
You have to provide information.

Are you married to the mother?

Were you married to the mother and there is a custody/visitation order?

If you were never married to the mother, you have to legitimate the child and seek visitation/custody in court.

One an order has been issued, you can enforce visitation should the mother seek to interfere with your access to your child.

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Q: My spouse wants a divorce & will be taking my kids far away from me

1 Answer | Asked in Divorce for New York on Apr 13, 2014

Answered on Apr 19, 2014

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Paula J. Mcgill's answer
You should hire an experienced local attorney to form a stategy that fits your budget, needs, and schedule. This should be done as soon as possible before she moves.

Even if you oppose it, if the court determines it is in the best interest of the children to be with the mother 400 miles away, it will allow the children to move with the mother.

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Q: Child custody question

1 Answer | Asked in Divorce for Georgia on Apr 16, 2014

Answered on Apr 19, 2014

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Paula J. Mcgill's answer
Yes, hire an attorney to file a petition to modify custody and child support with the appropriate affidavit from your 17 year old that he wants custody to be changed to you.

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Q: How do i file for legal separation and can i get child support after doing so ? in carroll county ga

1 Answer | Asked in Divorce for Georgia on Apr 16, 2014

Answered on Apr 19, 2014

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Paula J. Mcgill's answer
The action is one for separate maintenance. You resolve the same things you would in an action for a legal separation in other states.

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Q: Do my husband have to help pay the bills until the divorce is final? If so what do I have to do to get him to pay

1 Answer | Asked in Divorce for Georgia on Apr 17, 2014

Answered on Apr 19, 2014

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Paula J. Mcgill's answer
You need a lawyer to represent you in the matter. Do an internet search of experienced lawyers who practice in or near your county.

If you cannot find an attorney (paid or pro bono), you will have to file a petition for temporary spousal support, child support, and/or for payment of joint debt.

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Q: I am representing myself in a child custody battle. Where do I find interrogatories and subpeonas

1 Answer | Asked in Family Law for Maryland on Mar 31, 2014

Answered on Apr 13, 2014

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Paula J. Mcgill's answer
You should seriously consider consulting with an attorney to discuss this matter. Even if you decide after the consultation to do it alone, you will have more information to assist you in handling the matter alone.

In any event, go online for the interrogatories for divorces and Maryland specific interrogatories. In addition, check the section in the Maryland Rules. Subpoenas can be obtained from the clerk of the court where the matter has been filed.

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Q: I need answers on how to get NOTICE TO FILE PUBLICATION FORMS FOR A DIVORCE ON-LINE

1 Answer | Asked in Divorce for Georgia on Apr 7, 2014

Answered on Apr 13, 2014

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Paula J. Mcgill's answer
Depending on the county where you want to file, the forms may be online. Check online with the superior court of ______County.

Just remember, getting a divorce is not just a series of forms. It is knowing the law, the rules of the court, the rules of evidence, and legal arguments. Even if you want to handle it alone, you should considering paying for an initial consultation to discuss your proposed divorce with an experienced attorney in your area.

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Q: 4 year old granson lives in poverty. Often visits dirty, without adequate clothing. Do we have rights?

1 Answer | Asked in Family Law for New York on Mar 18, 2014

Answered on Apr 7, 2014

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Paula J. Mcgill's answer
You may want to call CPS to do an investigation. If neither parent can adequately care for the child, you should file a petition for guardianship. This can be done by consent of the parents or after a hearing. You may want to consult with an experienced family law attorney in your area before you start.

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Q: I am filing an uncontested divorce, we have two children over 18, do they need to be listed on the divorce paperwork.

1 Answer | Asked in Divorce for New York on Apr 2, 2014

Answered on Apr 7, 2014

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Paula J. Mcgill's answer
You have to do if they are under 21.

Otherwise, you can state that all children from the marriage are 21 or over.

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Q: I`ve had my ex in court 12 time for contempt of court judge refuses to in force this what can I do

1 Answer | Asked in Family Law for New York on Apr 4, 2014

Answered on Apr 7, 2014

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Paula J. Mcgill's answer
You didn't state if you had an attorney or why he didn't enforce the order. If you haven't had an attorney previously, you should seriously think about hiring one.

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Q: Is it right for a employer to fire you over a facebook post or can they even snoop on your page?

1 Answer | Asked in Employment Law for Georgia on Mar 31, 2014

Answered on Apr 7, 2014

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Paula J. Mcgill's answer
Normally, yes. At this point, there is nothing in Georgia or federal law that prevents employers from looking on someone's facebook page. If you don't want your employer or strangers to know what is on your social media pages, increase the privacy on those pages.

Moreover, if you are an employee at will, you can fired for any reason that is not otherwise protected by law. If you want more protection in your job, find a job where you are protected by an employment contract or where...

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Q: Had divorce bench trial. not awarded divorce due to property that has to be sold. I believe my spouse won 5M Ga lottery

2 Answers | Asked in Divorce for Georgia on Mar 26, 2014

Answered on Mar 26, 2014

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Paula J. Mcgill's answer
If he won the lottery, you need to consult and possibly hire local counsel to (1) confirm if he won the lottery, (2) review the court file, (3) review the transcript of the bench hearing, and (4) obtain other evidence. Good luck.

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Q: I have permanent guardianship of my grandson can I leave the state of ga with him

1 Answer | Asked in Family Law for Georgia on Mar 9, 2014

Answered on Mar 13, 2014

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Paula J. Mcgill's answer
Leave the state for what, vacation, or permanently?

If you are leaving permanently, you should obtain permission from the court and notify all interested parties. If your request is granted, once you move, the new state will have jurisdiction of the guardianship.

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