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Georgia Child Custody Questions & Answers
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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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

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How do I get custody of my 14 year old son. We don't have a custody agreement at this time. We have never been married

He wants to come live with me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 6, 2024

You would need to file an action to legitimize. In that action you would asking the court to award you primary physical custody and you may consider joint legal custody with the mother. An election can be filed showing the court where the child is asking to live as well. I would speak directly... View More

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How do I get custody of my 14 year old son. We don't have a custody agreement at this time. We have never been married

He wants to come live with me

T. Augustus Claus
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answered on Feb 6, 2024

In Georgia, to obtain custody of your 14-year-old son without an existing custody agreement, especially considering you were never married to the other parent, you would need to file a petition for custody in the appropriate family court. Georgia law recognizes the importance of the child's... View More

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Attorneys' May you help me. Case Law in State of Georgia that will help me in court & No Show Of the Defendant/mother

Attorneys' May you help me/ FAMILY LAW MATTER! Case Law in State of Georgia that will help me in court & No Show Of the Defendant/mother Dec 21st 2023 the Defendant/mother was a no show so I ask the judge to grant me full primary custody of my then 5yo daughter ( Her Birthday Jan. 29th,... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

First, if the Defendant was not properly served according to GA law, they did not have proper notice & opportunity to be heard. Therefore, the Court would not consider the Defendant to have failed to appear if they were not properly served. Statutory Electronic Service is only proper service... View More

3 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Q: Can a GAL, testify in court if he have not completed his investigation or even spoken with the child repenting?

The GAL, was appointed at a contempt hearing. The contempt was not charged, an agreement was made with both parties. Two weeks later the child came forward with allegations of being molested by her father, therefore the mother stopped abiding the new agreement. After 2 months or more with the fact... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

The parties are allowed to cross examine the GAL and ask any questions they think are relevant to said testimony or the case. If you felt like steps were not taken that the GAL should have taken, that was your opportunity to ask those questions and have the Court hear those answers. But yes, the... View More

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have not had a hearing in 4 months for a exparte temporary custody order. My lawyer is ignoring me. What to do?

I have not had visitation or contact with my child in 4 months. I’m a school teacher not a criminal. Lawyers keep putting the hearing off. The exparte is illegal and claims aren’t even based on a threat of danger and it’s all lies and manipulation.

T. Augustus Claus
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answered on Jan 19, 2024

If you haven't had a hearing for an ex parte temporary custody order in Georgia in four months, and your lawyer is unresponsive, it's crucial to take several steps. Begin by attempting to communicate with your lawyer, seeking a detailed status update on your case, and expressing your... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What do I need to do to make my son who is now 15 living with me legal?

I don't want to pay child support if he's living with me she won't agree to that

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 16, 2024

If there is a court order giving the mother primary physical custody and you paying child support, you should file for a modification. If you were never married and never legitimized, the only way to get a child support order dismissed is for you to file for legitimation, and ask the Court for... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My daughters mother is deploying and wants to leave her with her other child’s father
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 16, 2024

If you haven't established legally that you are the child's father, you will have to do so in order to obtain visitation, so the child can be left with you. If you have not established your rights, the mother can leave the child with whomever she chooses. Taking the mother to court is... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can I get custody of my nephew if im not blood related to him? Do I need to add my husband to the case since he is blood

We took care of my nephew for the last 2 and half years even though we were not his legal guardian while his legal guardian was homeless. She took him back because she got mad at me. Her household is violent and unstable and we want our nephew back.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 8, 2024

The party who is blood related may have a better chance of obtaining custody. However, of course you can petition the court for custody yourself. You will have to prove being the child's guardian is what is in the child's best interests, and you may have some opposition from the current... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My wife won the lottery, has been seeing about her guy behind my back and is now taking kids out country what do I do ?

She kept the winning concealed from me and ran off with this guy she’s our me through hell the last several years causing me to lose everything and now has her friends gang stalking me on line

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 8, 2024

You can hire an attorney and file for divorce. In that petition you will tell the court what relief you are seeking with regard to custody, visitation, child support, and the distribution of assets and debts. In the case you can determine what is marital property and what is separate property, to... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What do I need to do to make my son who is now 15 living with me legal?

I don't want to pay child support if he's living with me she won't agree to that

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 8, 2024

If you have a child support order in your name and the child now lives with you, I would hire an attorney to file for a modification of custody, and ask for a temporary hearing, for the court to award you temporary physical custody. The mother may come and get the child back once she is served.... View More

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