Questions Answered by Paula J. Mcgill

Q: Can I ignore all phone calls from my childs father while filing for custody?

1 Answer | Asked in Family Law for District of Columbia on Jul 31, 2014

Answered on Aug 20, 2014

Follow Question


Paula J. Mcgill's answer
Under normal circumstances, if he is trying to talk with his child, you may not look good in the judge's eyes if you prevent that communication. The judge looks at what is in the best interest of the child. However, your circumstances may not be normal. Talk with local counsel to determine if your strategy will hurt your position and your child more than help your child.

Answer this Question View More »

Q: Can my ex husband cut child support in half when our son is spending time with him for the month in summer?

1 Answer | Asked in Family Law for District of Columbia on Aug 14, 2014

Answered on Aug 20, 2014

Follow Question


Paula J. Mcgill's answer
I am licensed in DC and Georgia.

In either jurisdiction, unless the order allows your ex to decrease child support during the summer, he must comply with the order. If he fails to pay child support when due, file a petition for contempt.

Answer this Question View More »

Q: I filed for a default if the judge denies it, will there still be a court date? if not what should be done?

1 Answer | Asked in Divorce for Maryland on Aug 14, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
It's up to the judge. He or she can order the person to file an answer, can move forward to schedule a conference with the parties, can issue a scheduling order, or can schedule the matter for a final hearing. The order ruling on your motion should instruct you on what will occur next.

Answer this Question View More »

Q: If i dont have custody can i get in trouble if i dont take my son back to his care givers at this time

1 Answer | Asked in Family Law for Maryland on Aug 14, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
It doesn't matter what your son wants at this point. Follow the court order. It will harm your position, and possibly the transition schedule if you don't follow the schedule.

Answer this Question View More »

Q: How do I get papers saying I have sole custody?

1 Answer | Asked in Family Law for Georgia on Aug 11, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
In Georgia , f he never legitimated the children or obtained joint custody, you have sole custody. You don't need papers. For unmarried couples who have children, the mother has sole legal and physical custody unless the court orders otherwise.

Answer this Question View More »

Q: Can I leave the state with my kid if I have full custody and her dad isn't involved?

1 Answer | Asked in Family Law for Georgia on Aug 14, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
If he hasn't legitimated the child, he is not the legal parent. Therefore, you can leave the state without notifying him first. However, Georgia has jurisdiction of all child custody/visitation issues, including legitimation for six months. So, it doesn't stop him from legitimating the child in Georgia after you leave.

Answer this Question View More »

Q: Do I have to pay child support if my daughter doesnt live w/her dad?

1 Answer | Asked in Child Support for Georgia on Aug 14, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
You have to pay until the court relieves you from doing so. You can file a petition to modify child support because your daughter lives with someone else. If you stop paying support without a court order, you run the risk of having the father file a petition for contempt against you. It will be much faster if the two of you can file in court a consent petition to modify child support. The judge may require the two of you to pay child support to her sister. The court will determine the...

Answer this Question View More »

Q: Me and my boyfriend of 11 years want to get married but he owes back child support will I go to jail if doesn't pay ?

1 Answer | Asked in Family Law for Georgia on Aug 16, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
In short, no. You cannot be held liable if he does not pay child support. Indirectly, of course, you may be held liable. If he doesn't pay child support and winds up in jail, if you don't want your husband to remain there, as his wife, you will pay the support to free him from jail. This is may be true if his license is taken away.

Answer this Question View More »

Q: How can I get my bankruptcy case number

1 Answer | Asked in Bankruptcy for Georgia on Aug 17, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
If you can't get on PACER, and you don't have an attorney, contact the clerk of the court for the particular court where your bankruptcy case was filed. Do an internet search to find the number to the clerk's office.

Answer this Question View More »

Q: Request for Production of documents on a non-party can the non-party require a copy of the signed order?

1 Answer | Asked in Divorce for Georgia on Aug 18, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
What signed order?

Please provide more information.

Answer this Question View More »

Q: As a non-custodial parent in GA can my child support obligation be reduced if I lose my job and end up earning less?

1 Answer | Asked in Family Law for Georgia on Aug 18, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
Depending on the circumstances of your job loss, yes. The judge is likely to ask how you loss your job and what lead you to a job that pays less than what you were making now. You should evidence of your termination, including the termination notice you received for unemployment purposes. If you haven't made yourself voluntarily impoverished, it is likely the request will be granted. The more evidence you have that it is a bona fide decrease in salary through no fault of your own, the more...

Answer this Question View More »

Q: My ex had given me a four day notice of move as opposed to 30 day notice in writing in our divorce decree. He is also

1 Answer | Asked in Family Law for Georgia on Aug 18, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
You need to file a petition to modify child visitation and/or custody. This needs to be done right away. If possible, schedule an appointment to see a lawyer within the next few days to discuss moving forward as soon. If your daughter opposes the move, she can voice her opinion about changing custody to you. However, an experienced family lawyer will be able to discuss all options with you in an office visit.

Answer this Question View More »

Q: If I'm paying child support & my daughter has gotten pregnant then quite school am I still supposed to pay

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

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
You are required to pay until the court relieves you through a court order or through the events outlined in the current order.

You can always try to modify or eliminate child support by filing a petition with the court. However, if she isn't emancipated or 18, the court is likely to deny your request.

Answer this Question View More »

Q: Do i need a lawyer to change my child's last name ? Do i need fathers consent?

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

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
You don't need a lawyer for any matter. If you are going to do it by yourself, there are forms at the county clerk's office to complete regarding the name change and service requirements for the father. If the forms are too confusing, hire a local family law attorney.

Answer this Question View More »

Q: Can a tenant sue his landlord for property damage due to neglect and untimely repairs?

2 Answers | Asked in Landlord - Tenant for Georgia on Aug 14, 2014

Answered on Aug 19, 2014

Follow Question


Paula J. Mcgill's answer
If you intend to sue the landlord, you should have proof of the damage, including costs for cleaning and/or replacement and receipts items damaged. In addition, pictures of what the apartment and damaged items looked like before the instance(s) will also assist you in your case. Yes, there is a statute of limitations. Also, the landlord may argue that you increased the damages by not remediating the damaged items immediately. Depending on the amount of your damages, you may be able to sue...

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »