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Questions Answered by Paula J. Mcgill
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can my landlord charge me for late fees if he's been accepting the monthly payments regardless?

My Landlord just now informed me that if the rent checks were dated after the 5th then there is a late fee and I have been late almost every month. But he has never said anything to me about this in the past and has always accepted and cashed the checks when I paid. I don't feel this is right.... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Oct 12, 2016

Look at your lease. If it is a standard lease there is a nonwaiver provision. This provision states simply because the landlord had not enforced a provision in the past does not prevent him from doing so in the future.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: If the lease is up, can the landlord evict me without requesting for eviction through court?
Paula J. Mcgill
Paula J. Mcgill
answered on Oct 3, 2016

The landlord cannot simply put your items out of the rental property and change the locks.

First, the landlord must make a demand for possession for a date certain.

Second, if you don't leave by the deadline given to the landlord he can file a dispossessory in court....
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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: If you are already paying child support thru child support recovery set by them how do I go about getting set visitatio

My friend pays child support set up thru child support recovery, but isn't getting to see his 11 year old son. He gets his 7 year old every other weekend but there is no set visitation. Does he have to get a lawyer to get set visitation. Either way what does he need to do?

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 13, 2016

He has to go through Superior Court in the county where the child resides (assuming the child is in Georgia) and legitimate the child, if that hasn't already been done. The friend can seek visitation in the same action he seeks legitimation.

Nobody has to hire a lawyer in family...
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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: when i take my childrens dad to court for childsupport can he ask for joint custody although he never did anything

I have a 3 yr old and a 9 month old their father has a good paying job and refuses to help me now im ready to put him on child support and he says he going to get a lawyer to ask for joint custody how can he if he never did or do anything for them

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 13, 2016

He can always ask for joint custody after he legitimates the children. It does not mean he will receive it. Oftentimes, this threat is made for the sole purpose of scaring gullible mothers into not seeking child support. Get child support. The children deserve it. Moreover, even if you... View More

1 Answer | Asked in Child Custody for Georgia on
Q: Help

My brother's ex wife didn't say anything about her big move (we are from Georgia and she moved to Kansas city) until after they went to court. However he has primary custody and she didn't have it approved by a judge, does that mean he can go get his child ?

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 10, 2016

Read the order. If the order gives him primary physical custody, he can take the order with him, call the police, and have the police accompany him to pick up his children. Moreover, if the mother is violating the order, the brother can file a contempt action and seek to modify the current order... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What rights does a landlord have to enter my home?
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 10, 2016

More information is needed. If you are the landlord, why do you want to enter the rental property? If you are the tenant, why has the landlord entered the rental property? What does the lease state about the landlord's right to enter the property.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My ex husband and i have joint custody on our daughter. She's 14 now and wants to live with me. He won't let me see her.

What do I need to do?

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 7, 2016

You need to file a petition for contempt if your ex husband has failed to comply with the current visitation order, and a petition to modify custody. You should retain counsel for this matter.

1 Answer | Asked in Child Support for Georgia on
Q: How can I make sure that any back child support my kid will receive will go to him after he has turned 18?
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 6, 2016

Unless the mother agrees, you cannot. BACK child support is for support the mother of your child already incurred. It has nothing to do with the fact he is 18.

2 Answers | Asked in Landlord - Tenant for Georgia on
Q: I have a tenant at will who has not paid rent, how do I go about eviction?

The tenant at will has refused to voluntarily leave and has not paid rent for the month. They are forcing eviction.

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 6, 2016

Yes, you should consult with an attorney. However, many residential landlords handle the initial filing on their own. Depending on where you are located, the magistrate court may have a preprinted form for you to complete and form. In fact, many courts have those forms online. There is a... View More

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: The house we rented was sold. Moved to another rental with the same landlord but didn't sign a lease, are we mth to mth?

Can we give a 30 day notice? Buying a house...

Paula J. Mcgill
Paula J. Mcgill
answered on Sep 1, 2016

A lease is for a specific property. Unless, the lease specifically allows you to transfer the lease to a different property or you have a verbal agreement with the landlord for a specific time for the new property, you are month to month if you pay your rent on a monthly basis.

If you have...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I recently went to court with landlord and instead of seeing the judge we opted to mediate I have a court document that

Says to pay one amount but landlord says I have to pay a different amount what rights do I have if any and how can I keep from being evicted o have the agreed upon amount

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 24, 2016

It's impossible for most attorneys to provide meaningful advice if documents aren't available for review.

As a result, you need to take the mediated agreement and any e-mails you have with the landlord about this new amount and to an attorney. Some attorneys require office visits....
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1 Answer | Asked in Child Custody for Georgia on
Q: if i had my child for 3 years in the state of Georgia can her mother take her from me when she wants to?
Paula J. Mcgill
Paula J. Mcgill
answered on Aug 24, 2016

It all depends.

Have you legitimated the child if you were never married to the mother?

Is there a custody order in place?

If you were not married to the mother at any point and you have not legitimated your daughter, the mother has full legal custody of the child and can...
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1 Answer | Asked in Child Custody for Georgia on
Q: I have a 2 month old and he signed the birth certificate, I want to move to NC from GA, but he won't let me take the her

The relationship is an abusive one and we are moving back to NC. My other daughter's father and grandmother are there. Can I leave the state with her?

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 24, 2016

If he hasn't legitimated the child, he has not standing at all. Moreover, if there isn't a court order regarding custody, you have sole legal and physical custody. Therefore, at this point, he has no standing to object to your move.

Moreover, even if there were a custody order,...
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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: I have a son by married man. He provide for him financial support that we agreed upon. He don't want to visit my son or

Any visitation rights at all because he is married. There is no child support case out there. My question is if I put him on child support and he don't agree on visitation rights and he go to jail behind it? What are the consequences of him not see or getting his child?

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 24, 2016

Many parents pay child support without having contact with their children. Visitation isn't directly tied to child support.

You should strongly consider filing for child support. The support will be based on many things, including his income and whether he has other children. Once...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can my landlord withhold my deposit for painting the house as well carpet cleaning from normal traffic
Paula J. Mcgill
Paula J. Mcgill
answered on Aug 24, 2016

It all depends. Most leases require the carpet to be cleaned before vacating.

Painting is another issue. If the landlord has to repair holes in walls, the would have to paint that wall also.

If you have children who draw on walls, of course he has the right to charge you for...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Georgia on
Q: I need to know if I can file Legitimization paper work and ceasesupport by myself

The mother no longer wants to care for our son, because his behavior is out of control.

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 15, 2016

The law allows anyone who is competent to represent themselves in court in civil matters if they want to do so. Many court clerk offices have forms online to get the matter started.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: A tenant's washing machine flooded the unit - is the Tenant responsible for paying for the clean-up/repairs?

The Tenant had thought she had repaired her malfunctioning washing machine, turned it on and left for several hours. The machine flooded the finished basement area, including 3 rooms, carpeting, padding, floorboards etc....water extraction, carpet pad replacement, floorboard removal, dryout and... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 15, 2016

If you are the landlord and it was her washing machine, you have strong case to sue her for damages as a result of her malfunctioning equipment.

She should have renter's insurance. This is why many leases require tenants to have insurance for problems such as this.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Georgia on
Q: Is it legal for father to take kid from mother, who she lives with, without being court ordered?

She lives with me other then occasional weekend visit to him. He threatens to not bring her back and not let me come get her. Is this legal? If not, do you know specifically the law (number) so if police are involved I will know.

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 8, 2016

You didn't provide essential information. Are you married to the father? Is there a child custody and visitation order in place?

If you're married to the father and there is not a child custody order in place, both of you have equal rights to the child.

If you were...
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1 Answer | Asked in Child Support for Georgia on
Q: If the non custodial parent is behind in child support payment, is he still allowed visitation?

Does he have to be current in payments to have visitation.

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 7, 2016

Child support is not tied to visitation.

As a result, the visitation schedule must be complied with unless changed by the court.

If the person is not current on child support, file a petition for contempt.

1 Answer | Asked in Child Support for Georgia on
Q: Does the parent asking for child support have to have a job also?

I just had a baby and currently stay at home mom, but my first sons father doesn't help much at all.what would I need to successfully get the support?

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 4, 2016

If you are unemployed, the court is likely to impute income based upon your last job and your earning capabilities. Therefore, to answer your question, no you don't have to have a job. However, the court will likely calculate child support as if you had one.

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