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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia on
Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers... View More

1 Answer | Asked in Family Law for Georgia on
Q: Is there a ga code of law defining a petition to apply for minors passport ex parte noncustodial parent?

I am seeking to create a petition to apply for a minors passport because of the refusal of consent although the child was conceived out of wedlock and I am the primary caretaker and custodial parent.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

I'm not sure how you are seeking to create a petition, as there is no such thing. If you cannot obtain the consent of the other parent you will need an order from the court. The proper complaint needs to be filed requesting the relief you are seeking in order for the court to give you a hearing.

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: I live in Midway Ga, back in 2010 my ex-husband died in Puerto Rico & Forensics Agency won't write out death certificate

I've traveled 4 times to PR in 14 yrs with no success. They give me excuses: study remains, waiting Forensics from US, it's still an open case, Supervisor is not in. My daughter's collected 0, no resources cause Cience Forensics & Pathology in San Juan won't emit one. Do I have a case??

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you provided, it seems that you have been struggling to obtain a death certificate for your ex-husband from the Forensics Agency in Puerto Rico since 2010. The lack of a death certificate can indeed cause various legal and financial difficulties, such as claiming benefits... View More

2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Georgia on
Q: so I was not properly served as per the proper order of service demands by law.The acting judge didn't acknowledge that

and has been extremely biased in this whole process, as well as after the initial hearing, which that hearing and any proceedings should have been dismissed as the law on the principle certificate of service was purged by dftcs and the acting court actors. We never received by hand delivery, nor... View More

James L. Arrasmith
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answered on Mar 9, 2024

It sounds like you have serious concerns about how your legal case has been handled so far. Based on the issues you described, here are a few thoughts on potential next steps:

1. File a motion to dismiss: If you believe the court lacks jurisdiction over your case due to improper service of...
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2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

You will need to file for sole legal and physical custody in court and to assert your rights as the legal father and not just the biological father. The mother will need to be properly served so that she has notice and opportunity to be heard and the case can move forward.

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2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

James L. Arrasmith
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answered on Mar 8, 2024

If you are concerned about your daughter's safety and well-being due to the mother's involvement in drug-related activities and untreated mental health issues, you might have grounds to seek full custody. Courts generally prioritize the child's best interests when making custody... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I already have a child support order in place. How would I go about filing an uncontested divorce?

I have an existing child support case, and we agree on everything, and do not have any assets to split

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

I'm not sure what your existing child support case has to do with your divorce unless you are wanting credit for the current order with regard to a new order that may come out of your divorce. If a divorce is truly uncontested then you would have all the proper paperwork signed and it would... View More

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1 Answer | Asked in Family Law for Georgia on
Q: My sister passed away in December 2023. She has a 16-year-old. His father is listed on the birth certificate, they were

never married. He never filed for legitimation. My parents are named as guardians in the will. The will has not gone through probate yet. If the father were to file for legitimation, would he serve the estate? Or can he directly petition the court? Should he file for emergency guardianship before... View More

Kedra M. Gotel
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answered on Mar 7, 2024

It is possible for the child's father to file a petition to establish his legal rights after the death of the child's mother. The more concerning part would be why the father waited 16 years to file the action. The Will reflects your sister's intent. This will be a hurdle that may... View More

1 Answer | Asked in Family Law and Probate for Georgia on
Q: Son has a no contact order issued by Judge against his wife she has all his belongings including his truck . An his on h

Hospital csn he give me power of. Attorney an I cam get his belongings am truck

James L. Arrasmith
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answered on Mar 6, 2024

If your son is currently unable to retrieve his belongings due to a no-contact order, granting you a power of attorney (POA) can be a legal means for you to act on his behalf. A power of attorney would allow you to manage certain affairs for him, such as collecting his belongings, including his... View More

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: how do i go about filing an answer of a petion against me if no one informed me to respond in writing not even my caa
James L. Arrasmith
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answered on Feb 28, 2024

If you haven't been informed about filing an answer to a petition against you, it's important to take action promptly. Begin by reviewing any documentation or notices you may have received related to the petition. If you haven't received any information about responding in writing,... View More

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2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: how do i go about filing an answer of a petion against me if no one informed me to respond in writing not even my caa
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 2, 2024

When you were served, you should have been served with Summons that gave you instructions on how to respond. If you are unaware of how to respond, you should contact the court. It would also be beneficial for you to hire an attorney to represent you if you are unsure how to file an Answer and... View More

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1 Answer | Asked in Family Law, Elder Law, Probate and Wrongful Death for Georgia on
Q: my grandfather died and now his caretaker is squating in his house refusing to show anyone his will.

He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More

Kedra M. Gotel
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answered on Feb 27, 2024

You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation, Civil Rights and Communications Law for Georgia on
Q: The school says they have a vm left by my teen from her friend's phone to another teen, can I legally listen to it?

The call was said to happen on the weekend. Name calling and "go kill yourself" was alledgedly said.

James L. Arrasmith
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answered on Feb 26, 2024

In general, accessing or listening to someone else's voicemail without their consent may not be legal and could potentially violate privacy laws. However, laws regarding consent and privacy can vary depending on your location and the specific circumstances of the situation. It's important... View More

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My sons father got temp custody about 4/5mths ago. I am wanting to file the petition to reverse his temp custody.

Can I file on my own or do I need a lawyer? He has a lawyer.

Kedra M. Gotel
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answered on Feb 27, 2024

I would encourage you to seek legal counsel to discuss your options. A temporary order can be appealed but the order will be reversed under limited circumstances. If it is your desire to have the order reversed only because you no longer like the terms, your reasoning will not withstand legal... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My sons father got temp custody about 4/5mths ago. I am wanting to file the petition to reverse his temp custody.

Can I file on my own or do I need a lawyer? He has a lawyer.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 2, 2024

If the opposing party has an attorney and you have already lost custody, even on a temporary basis, I would highly suggest you hire an attorney to represent you. Due to the fact that the court has already granted a change of custody, you run the risk of losing custody on a permanent basis if you... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I was supposed to get my daughter for designated visitation, but her mother won't tell me where she is. What can I do?
Kedra M. Gotel
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answered on Feb 27, 2024

You should file an Application for Citation of Contempt. You must prove that your ex's violation of the court order was intentional. If you are successful in proving her actions were intentional, you are entitled to an award of attorney's fees and expenses of litigation. Depending on the... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I was supposed to get my daughter for designated visitation, but her mother won't tell me where she is. What can I do?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 2, 2024

If you have a court order giving you visitation then the mother is in contempt for not producing the child. If there is no court order and this was visitation verbally agreed too by the parties, she does not have to produce the child. And if that is the case, the only way to get a court order... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have a TPO order, one child is listed but is not legitimized. Does the person who the TPO is against get visitation?

The judge gave visitation but there is only a custody schedule in place for the older two children. The last child is not legitimized. The person the TPO is against has filed for legitimation but until then I have sole custody.

Kedra M. Gotel
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answered on Mar 7, 2024

Assuming the "last child" is the child for whom the TPO provides protection, the dad's visitation schedule will definitely be affected. TPOs are granted on a permanent basis for a minimum of 12 months and upon their expiration you can request an extension if the child fears for his safety.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have a TPO order, one child is listed but is not legitimized. Does the person who the TPO is against get visitation?

The judge gave visitation but there is only a custody schedule in place for the older two children. The last child is not legitimized. The person the TPO is against has filed for legitimation but until then I have sole custody.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

In the legitimation action if the father asks for visitation, the court may award him visitation, regardless of the TPO. You will have to present your case regarding what custody & visitation you think the court should award. I would hire an attorney if you are the defendant in a legitimation... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a child granddad full rights to my kid causes they have Temporary guardianship
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

If I understand your question correctly, a grandparent can file in court to assert their rights and ask for custody. If they are the guardian and they have had the child or children for a period of time, the Court could take awarding them permanent custody seriously. But you will have your chance... View More

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