Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Alake Colwell Furlow
1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Legitimation: I wasn’t married to the mother, so in the FA of the Father under “Assets” what should I list for claim?

I wasn’t married to my daughters’ mother, so should I complete the Assets section of the Financial Affidavit of the Father? Also, any item that I would list is my property, so what should I declare is the basis of the claim? Thanks!

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

If you're filing an action to legitimize it would be best to hire an attorney to represent you. The matter is much more complex than even filling out the financial affidavit. In response to your question, I'm not sure what not being married to the mother has to do with the assets... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: If assets home/car are purchased during the separation (living in different homes), is this part of marital division?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 18, 2024

Please get a lawyer. Until you receive a final judgment and decree of divorce, signed by a judge, you're married. And anything you buy while married, could be considered marital property, even if you're separated. That's why you shouldn't go out and buy a new house while... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: What should I do to get my grandson back quickly, who is in foster care?

My grandson, my son's legitimate son, has been in Foster care for 14 months. After searching for him for more than a year and a half, we have been aware of this situation for 1 month now. Neither my son nor we knew anything since my daughter-in-law blocked us and kept moving. Now when I... View More

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

If your son has not established paternity, then the Court has not established you as the child's grandmother. If your son is unable to legitimize the child and petition the Court for custody, as the grandparent, if you want to seek custody yourself, you should hire an attorney. It will be a... View More

1 Answer | Asked in Divorce for Georgia on
Q: Yes I am trying to get a divorce with minor kids involved but I reside in Alabama and the father in GA in jail what do

What to do he hasnt seen his kids in almost a year now hasn't spoken to them in 6-7 months I just want my divorce and need to know how to do it living in 2 different states

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

You can hire an attorney and have the papers drafted. They can then see if the father will sign the papers. If the father will not sign the divorce documents, you will need to file for divorce and have the father served. And there is a way to perfect proper service on a defendant who is... View More

1 Answer | Asked in Divorce for Georgia on
Q: What does it mean when a Motion for judgment on the pleadings has been filed in a divorce? How do I proceed?

I filed for an uncontested divorce in Henry County, GA, on 2/16/24, with no assets to split or children in the marriage. I received notice on 3/25/24 that the judge would not enter an order at this time as a Motion for Judgement on the Pleadings had been filed with the Court.

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

You have opted to represent yourself. Which means, you have to file the proper documents in order to obtain a divorce, just as if you were an attorney. They have given you the name of the motion that needs to be filed, but they will not instruct you as to how to draft said motion. If you are... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How to divorce someone who doesn't live in the United States, and never has, but was married IN the United States?

I was in a long distance relationship with my spouse, who would visit the U.S. to see me often. However, he lives in Canada. He has never lived in the U.S., only visited. On his last visit, we got married. But, never have lived together.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

You can have an uncontested divorce and both of you can sign all of the necessary paperwork. Or if your spouse refuses to sign all the required documents, you will have to file for divorce and have him served, where ever he may be located.

1 Answer | Asked in Family Law for Georgia on
Q: I lost my parental rights due to a Drug addiction. I had no help from DFCS & became homeless. Can I see my kids again ?

I thought the DFCS’s job was to help the parent reunite with the children first and foremost. Well in my case that’s not what happened. I was homeless, drug addiction, an abuse victim, and I had no one. I barely had any visitations. When I had a place to go DFCS would come in and threatened the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

It sounds like it was not in the best interest of your children to have contact with you during that time. Now if you have been sober, have a stable residence, stable employment, and would like to see your children, provided your parental rights were not terminated, you may petition the Court for... View More

1 Answer | Asked in Family Law for Georgia on
Q: I’m having problems with visitation situation and husband. Circumstances have changed majorly since order
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

If there has been a material change in circumstances you can ask the court to modify custody. If it has been more than two years since the last order, you can ask the court to modify visitation. I would speak directly with an attorney about what you consider to be the grounds for a modification... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: seeking family law attorney. Is it common to receive a surprise notice to appear in court for child support ?

the notice to appear in court was sent within less than a 7 day week notice.

We have been trying to locate my grandson, since the mother cut off communication.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

The court can schedule a hearing and serve upon you a notice to appear. As long as it is properly served, the time within which they schedule the hearing is irrelevant. You can always ask for a continuance to hire an attorney if you have not had time to prepare your case. And it's very... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a judge give sole custody with only 3 hrs of dfcs center supervised visits once a weekend ordering no contact outsid

Only for having marijuana in your system

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

Judges can render orders that they feel are in the best interests of the child, and they have a lot of discretion in what they can make an order of the court. So a question that asks if a judge can do something, yes they can, and they probably did. And if you feel like you have been been able to... View More

2 Answers | Asked in Family Law, Personal Injury and Civil Rights for Georgia on
Q: I did everything my case worker ask of me I have a great job my own apartment n more n they still want my rights took ??
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

Unfortunately, if you didn't hire an attorney to represent you as the parent, as you were a party to the case, the lack of legal representation could have been a factor in the outcome of the case. Now if you disagree with the order of the court, I would seek a consultation with an attorney... View More

View More Answers

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.

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.

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Hello - I have a letter enforcing an Income withholding order. I haven’t been late once and there’s a live court order.

I received a notification that the Georgia Department of Human Services notified my employer to begin enforcing an Income Withholding Order. Our court order states “both parties agree an IWO isn’t necessary at this time”… is this legal to enforce? I’m not late and pay each month on time.... View More

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

"At this time" means at the time your child support addendum was drafted. It doesn't mean that at a later date an Income Deduction Order cannot be established. So yes, they can establish one now, and your employer will enforce if when it's sent to them.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.