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Questions Answered by Samantha A Holloway
3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Am I allowed to refuse visitation to the non-custodial parent due to alcohol, drug and extreme sexiual behvior abuse.

I am the custodial parent and I wanted to know can I refuse visitation according to the other parent abuse. He has not seen his child in over 3 years becuase he hops state to state and city to city. He owes over 27,000 dollars in child support. I have video and photo proof of all his abuse.... View More

Samantha A Holloway
Samantha A Holloway
answered on Jun 12, 2019

I would suggest that you file the necessary documents to modify visitation immediately. Depending on the judge/county, you may be able to get an emergency hearing to temporarily modify visitation if you believe that your child will be in danger when the child is in his father's care.

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2 Answers | Asked in Divorce for Georgia on
Q: Can I purchase a house if I’m married and then file for divorce and spouse have no stake in my home.

I currently live in his home we had before we got married.

Samantha A Holloway
Samantha A Holloway
answered on May 4, 2019

Yes you can, however the house will likely be considered marital property and your soon to be ex may be have a financial interest in it. If you can wait, I would suggest purchasing the home after your divorce is finalized.

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2 Answers | Asked in Child Support for Georgia on
Q: I said i didnt need child support but am now struggling. Can I go back and request child support?
Samantha A Holloway
Samantha A Holloway
answered on May 4, 2019

Typically, you cannot modify a child support award unless it has been 2 years has passed since the last order. However, child support can be modified if there is a material change in the financial circumstances of the parents or the child. You may want to talk with a lawyer to determine if your... View More

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2 Answers | Asked in Child Custody for Georgia on
Q: Will a notarized paper hold up in court giving all rights over to grandmother for her dropping child support,

Do I have any rights? No judge or court

Samantha A Holloway
Samantha A Holloway
answered on May 4, 2019

Hello,

Im not sure exactly what you are asking regarding child support or rights. Generally, affidavits are considered hearsay and are only admissible as evidence in limited situations. I would suggest that you contact an attorney regarding child support, rights, and the use of...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: How much money can an HOA charge a homeowner per month for pets exceeding a weight limit?

My HOA charges $150/ month, and I believe this is far too much. They argue that the fee is high because they are trying urge owners to give the pet away rather than agree to pay the fee. But I love my dog as part of my family and am not willing to get rid of her just because she weighs 18 lbs... View More

Samantha A Holloway
Samantha A Holloway
answered on Apr 30, 2019

HOA regulations are set by the HOA bylaws. If you believe that the fee is excessive, research the bylaws and figure out how the bylaws are changed. Typically, it is done via majority vote of the homeowners.

1 Answer | Asked in Collections for Georgia on
Q: I have had the same case dismissed twice without prejudice in the state of Georgia how many time can they refile
Samantha A Holloway
Samantha A Holloway
answered on Apr 30, 2019

It is difficult to answer this case without specific information. If a case has been dismissed without prejudice, you can typically re-file. However, there are statute of limitations (time period you have to file a lawsuit) which may get your case dismissed on procedural grounds. I would suggest... View More

1 Answer | Asked in Child Custody for Georgia on
Q: Can I win custody with recordings of mother admitting making daughter clean up drunk boyfriends throw up/spit off floor?

My kids mother has physical custody for my two kids girl 11 and boy 13. her boyfriend is an alcoholic and she had my daughter cleaning up his spit and throw up off the floor. We got divorced in 2017 and the kids remained living with me when she moved out until I got remarried and she decided to... View More

Samantha A Holloway
Samantha A Holloway
answered on Apr 30, 2019

It is difficult to say if specific instances will enough evidence to win a modification of custody. The decision will ultimately be made by a judge, and we are not judges. A judge will typically hear all of the evidence that is presented and determine what living situation is in your child's... View More

3 Answers | Asked in Divorce for Georgia on
Q: Is it better to wait to be served divorce papers , or be the first to file ?

My husband asked me for a divorce , I left the house last June, due to violent behavior and have talked to him every day since he went to a 30 in house program for PTSD...I'm staying with my son in Jacksonville fl helping out with their newborn child , and he all the sudden called me last... View More

Samantha A Holloway
Samantha A Holloway
answered on Apr 30, 2019

FYI, it costs roughly $230 to file for divorce and an additional $50-$75 to serve the divorce papers. These costs are paid by the spouse filing the divorce, not the receiving spouse.

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2 Answers | Asked in Civil Litigation for Georgia on
Q: If I was serviced with a statement of claim and I refused to sign did I waive my rights to make an answer within 30 days

Can the plaintiff seek judgment and proceed to garnish my pay since I refused service

Samantha A Holloway
Samantha A Holloway
answered on Apr 30, 2019

Your refusal to sign did not waive your right to file an Answer. You need to file an Answer. If you refuse to file an Answer, the plaintiff can get a default judgment against you. The plaintiff can then file a garnishment action and garnish your wages.

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1 Answer | Asked in Family Law and Probate for Georgia on
Q: What can be done about a family member that manipulated the proposed ward of a petition into signing over a home title?

My mother has not been mentally in tact since her parents passed in 2017. She became executor or their estate in which the title to their home was put in her name. My aunt and I announced that we were going to file the petition for guardianship and conservator as my mother as the proposed ward to... View More

Samantha A Holloway
Samantha A Holloway
answered on Apr 29, 2019

This appears to be a probate matter. I would suggest that you consult with a probate attorney.

1 Answer | Asked in Family Law for Georgia on
Q: I signed a temporary guardianship over while I was incarcerated and she refuses to let me see my son may I go get him on

It's in Gwinnett County Georgia there's no restrictions on me and I like I said I'd joint custody was my husband previous to the guardianship what can I do I've already made to police reports and from what I'm told she's lying my son and tell him not telling him I came... View More

Samantha A Holloway
Samantha A Holloway
answered on Apr 29, 2019

Your question is a difficult to understand. If the temporary guardianship was filed in probate court, you can revoke your permission to the guardianship at any time. Just go to the probate court clerk's office to file the paperwork.

2 Answers | Asked in Family Law for Georgia on
Q: Can a judge reconsider his ruling during a contempt motion?

My daughter's father sued me for legitimation last year. At the end of the case he was given less time with our daughter than he had prior to his lawsuit and ordered to pay 50% of medical expenses, child support, and obtain life insurance on our daughter. We were to pay our own legal fees.... View More

Samantha A Holloway
Samantha A Holloway
answered on Apr 29, 2019

The original ruling on the legal fees wont be reconsidered, however, you can ask the judge to order your daughter's father to pay any legal fees you have to pay in order to file (and pursue) the contempt action.

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2 Answers | Asked in Family Law for Georgia on
Q: We live in GA., and our grandchildren live in TN. Our son passed 10 years ago and their step father has adopted them.

Do we have any visitation rights?

Samantha A Holloway
Samantha A Holloway
answered on Apr 29, 2019

I would suggest that you contact a lawyer in TN (where the grandchildren live) to determine whether TN has grandparent's rights/grandparent's visitation.

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

Mother wants blood test if not his she wants him out but he signed legal paperwork he wants to be its dad

Samantha A Holloway
Samantha A Holloway
answered on Mar 20, 2017

It really depends on what legal paperwork was signed, who signed it, and what was done with the paperwork. It is impossible to tell if the legal paperwork is important without knowing those facts.

1 Answer | Asked in Child Custody for Georgia on
Q: Can a father get custody of his child if the mother tries to take him away from him?
Samantha A Holloway
Samantha A Holloway
answered on Mar 20, 2017

There alot of variables involved in custody? Was the parents married when the child was born? If they were not, did they subsequently marry? If they were never married, did the father legitimate the child? If the parents were not married and the father did not legitimate the child, the father must... View More

2 Answers | Asked in Child Custody for Georgia on
Q: My child mother died last week. I have signed PA form n my name on birth certificate can u help me get legitimized

I had my daughter with me when her mother died. Makayla's mom came n asked for overnight but never brought my daughter back. She hasn't answered phone. I am active in my daughter n we both are grieving. I want custody

Samantha A Holloway
Samantha A Holloway
answered on Mar 20, 2017

I agree with the previous answer. I'll add the following:

- the clerk's office should have sample forms for you to complete if you are unable to afford an attorney or wish to proceed without one; and

-make sure to attached the Paternity Acknowledgement form to the forms...
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1 Answer | Asked in Employment Law for Georgia on
Q: employment related

Hello, I am quiting my company in a couple of weeks first week of January. My present company pays out the bonus annually. I assumed they would be paying that out since I am completing this year. but after resignation they came back and said I would not get my bonus since I would not be here on the... View More

Samantha A Holloway
Samantha A Holloway
answered on Jan 2, 2017

It depends. If you signed a contract with your former employer, the contract may spell out how bonuses are distributed. The contract may state that you have to be employed with the employer on the date that the bonuses are distributed. You should also check the employee handbook to see if it... View More

1 Answer | Asked in Child Custody for Georgia on
Q: My ex has custody of my 15 year old son,who refuses to visit, I do have visition. Is therea way to have him order to.?

I raised him till he was 13,got divorced. Had joint custody. Lost job,and,homemoved in with sister. Then ex filled for custody. Went to court,supposed to got joint custody. When I received the papers they were not changed. Can not afford a lawyer.

Samantha A Holloway
Samantha A Holloway
answered on Dec 28, 2016

A judge will consider the wishes of a child over the age of 14 as it relates to custody. If you received papers from the court, you should contact the clerks office to determine if there is an upcoming court date. You can find information online at georgia legal services's website about... View More

1 Answer | Asked in Criminal Law and Employment Discrimination for Georgia on
Q: My employer had me arrested and pressed charges against me for theft by conversion in the amount of $850.00. penalty?

I was released on bond two days later but I have not yet received a court date. This is my first time ever being in legal trouble so I'm not sure what to expect. Why is it taking so long? Do I need a lawyer? Is this charge currently visible to all employers for a background check?

Samantha A Holloway
Samantha A Holloway
answered on Dec 20, 2016

Contact a criminal lawyer to help you with the theft by conversion case. The criminal lawyer should also be able to advise you about whether the charge will appear on a background check. Good luck.

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Is it possible that im being discriminated against based on pay?

Okay so I work for a company who constantly hires new people at 9.25 to 10.00 an hour. I've been with the company for 2 years and make 8.33 an hour. Each time i bring it up with management they give me vague excuses like not enough experience when they're are hiring highschool graduates... View More

Samantha A Holloway
Samantha A Holloway
answered on Dec 20, 2016

It is unlawful for an employer to discriminate against an employee because of that employee's disability. File a claim with the U.S. Equal Employment Opportunity Commission ("EEOC"). If they accept your claim, they will investigate your employer's actions. Good luck.

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