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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Civil Litigation for Georgia on
Q: If my license was suspended, 20 years ago due to failure to pay a judgement, how long can they keep the suspension?
Michael D. Birchmore
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Michael D. Birchmore
answered on Nov 18, 2021

I WOULD ASSUME FOREVER. IF THE LICENSE IS SUSPENDED, YOU WILL HAVE TO APPLY FOR A NEW ONE. WHENEVER YOU APPLY, THE ARREARAGE WILL COME UP AND LIKELY DENY YOUR APPLICATION. PLEASE NOTE THOUGH, I AM PRETTY MUCH GUESSING AS TO YOUR ACTUAL SITUATION. TO PROTECT YOURSELF, YOU SHOULD MEET WITH AN... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I have permanent custody (guardianship) of my three grands (Georgia). Am I allowed to relocate out of the country?

My daughter, not married to either father, was wild as a teen. She dropped 2 kids off to me we they were born. I retained custody of the last one about 4 years ago. I obtained guardianship until 18 for each of them.

Michael D. Birchmore
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Michael D. Birchmore
answered on Nov 18, 2021

YOU WILL NEED PERMISSION FROM THE COURT TO DO THIS. AS AN ALTERNATIVE, YOU MIGHT WANT TO MEET WITH AN ADOPTION ATTORNEY WHO COULD DISCUSS THE PROS AND CONS OF ADOPTING THE CHILDREN. GEERALALY SPEAKING, IF YOU ADOPT THEM, YOU WOULD NOT NEED ANYONE'S PERMISSION TO MOVE THEM WHEREVER YOU WANTED.

1 Answer | Asked in DUI / DWI, Consumer Law, Family Law and Personal Injury for Georgia on
Q: 31 yrs old female first dui and and missed court on the hearing. Bench issued she spent 6 days in jail can she nolo

Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through

Michael D. Birchmore
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Michael D. Birchmore
answered on Nov 18, 2021

UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: In Georgia, can parent of 10 year old legally transfer the childs registered horse to another party?

AQHA (American Quarter Horse Association) transfer papers were signed by parent & filled out by the "new owner"; although, the AQHA would not accept the transfer of ownership since the transfer papers were not signed by the owner, who is 10 years old. More details can be provided, if needed.

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 18, 2021

IN TRUTH, THE 10 YEAR OLD IS A MINOR CHILD. MINORS BY LAW CANNOT CONTRACT WITH OTHER PARTIES, CANNOT OWN REAL PROPERTY (PER SE IN THEIR NAME), ETC. THIS ISSUE RECENTLY CAME UP IN ONE OF MY DIVORCE CASES; WHAT TO DO WITH "THE HORSE SITUATION?" THE AQHA IS ALLOWED TO MAKE THEIR OWN... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: I wanted to ask if a mobile that has only the steps attached, no wheels and axles is it affixed or personal property ?
Michael D. Birchmore
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Michael D. Birchmore
answered on Nov 18, 2021

If the axle for trailer has been removed and the trailer is now "seated," it is considered to be real property (like land, house, etc.) and no longer personal property. You did not provide many facts in your question. Accordingly, you should meet with a real estate attorney to confirm... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Hi my rent is past due this month and I received notice to vacate.
Michael D. Birchmore
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Michael D. Birchmore
answered on Nov 17, 2021

Not sure what your question is. The general response would be that you must pay to stay or vacate.

1 Answer | Asked in Real Estate Law for Georgia on
Q: The person that gave me a property is now dead,they didn’t take their name off as lean holder! Need name remove!!
Michael D. Birchmore
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Michael D. Birchmore
answered on Nov 17, 2021

YOU WILL NEED TO MEET WITH A REAL ESTATE ATTORNEY IN YOUR AREA TO DISCUSS THIS. DEPENDING ON THE CIRCUMSTANCES, THERE MAY A QUICKER WAY TO DO THIS OR NOT. IF NOT, YOU WILL NEED TO FILE A QUIET TITLE ACTION (BILL QUIA TIMET - IF YOU WANT TO LOOK IT UP). YOU WILL NOT BE ABLE TO COMPLETE THIS BY... Read more »

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Georgia on
Q: Notice to the clerk not in proper form heard based on assertion?
Michael D. Birchmore
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Michael D. Birchmore
answered on Nov 11, 2021

We cannot do anything for you because your "question" makes no sense. Try again and ask a specific question in proper question format.

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1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I sue the home seller of a home I purchased if they lied about having a permit on the disclosure agreement?

I purchased a home with a renovated kitchen that was not done correctly. The kitchen island is too big (about 2-3 times larger than a normal one) and it's causing the kitchen floor to sag and dip. There was no permit on file when I checked recently. However, the disclosure agreement the seller... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Oct 27, 2021

On any given day, any person can sue another person for any reason. That said, it says nothing about being successful in the lawsuit. You should meet with an attorney who can review your documents and ask additional questions. Only after that can you expect a viable response.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: In the state of Georgia what power does the county have if your land does not perk?

We had to stop our neighbor from digging a trench to drain the sewage from their home into our intermittent creek. Our question is, what can the county do about a situation such as this one? Can they condemn the home if the owner refuses to find a way to control the sewage coming from his home.

Michael D. Birchmore
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Michael D. Birchmore
answered on Oct 27, 2021

Your time might be better spent by contacting the Georgia Department of Natural Resources to report this matter; the Environmental Protection Division (EPD) in particular. It is usually taken as a serious matter.

1 Answer | Asked in Family Law for Georgia on
Q: Where can I get the paperwork to contest the name change of a minor child in Georgia?

I was trying to help a friend that is going thru this with his ex wife and their son and wasn't aware that there isn't any "paperwork" that could be filled out for this, I have found documents for other states that can be submitted with an answer to the petition of a name change... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Oct 25, 2021

GA (and most states) does not simply provide "paperwork" to contest anything. The fact that you are asking this question says to us all that you would/could not be able to fill it out correctly even if you had the paperwork. There could be many reasons for and ways the other parent... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Child protective services were call by my fiance ex wife. I have until end of day to answer allegations. How do I procee

The allegations were of substance abuse

Michael D. Birchmore
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Michael D. Birchmore
answered on Oct 25, 2021

I urge you to do absolutely nothing until you have met and discussed this situation with a criminal defense attorney. Be giving ANY information, you may be be saying things that will get you arrested and worse. Speak with an attorney first.

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3 Answers | Asked in Family Law for Georgia on
Q: Bf baby mother strips away his rights to see their 7 month old when she is mad at him ..What can he do ?

Every time my boyfriend's baby mother gets mad at him she doesn't let him see his son, she controls everything and he doesn't know what to do because he feels like he has no choice or control even though it's his child as well

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Oct 27, 2021

He must first file an action to legitimate the child in Superior Court.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: How can I get my son back full-time?

I was the primary custodian in the divorce proceedings and primary decision maker. Outside of the agreement I allowed for my son to live with his dad. No paperwork has changed our initial agreement. Now he's 15 and I want him back. Do I still have rights? Can I just go get him after he's... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Oct 18, 2021

I strongly recommend that you speak with a Georgia attorney about this personally. We will not be able to give you step by step advice with the little information you have provided. I strongly urge you to get counsel first before you do anything. You will need to coordinate the retrieval of your... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can a runaway teen be but into foster care after running away twice in Georgia?
Michael D. Birchmore
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Michael D. Birchmore
answered on Oct 18, 2021

The answer is possibly. The actual facts of this situation would tell us more, but you didn't provide enough facts. You should meet with an attorney now before more damage occurs.

1 Answer | Asked in Child Custody for Georgia on
Q: How do I fight back CPS when they wrongfully gave custody to my ex with no proper investigation or a report on myself?

I had sole custody of my daughter. With no report of concern on myself but with the other parent making false accusations against me case worker changed custody over to ex and then gave him permission to leave the state with her. Since then he went to file for emergency custody in new state and was... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Oct 18, 2021

Clearly, you have much going on here. We will never be able to address your concerns because everything depends on...well, everything else. You are in need of legal counsel fast. You really needed an attorney long ago before all this happened. Get one now.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My ex & his attorney claimed my evidence was useless, what can I do?

I filed a petition to change child custody (my ex has primary, I want 50/50 as circumstances have changed). I provided text message screenshots between the two of us that clearly backed up the claims I was making; however, he and his attorney filed a response that said all the screenshots were... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Oct 18, 2021

Since you already have an attorney, we cannot provide any advice for you. You should speak with your attorney regarding your questions here. Your attorney is the only attorney that knows what is actually going on from a legal standpoint.

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: In state of georgia, is landlord required to give notice when lease is nearing expiration?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Oct 18, 2021

The law doesn't require it, but the lease might. Always look to your lease. If it isn't there, it will probably not be something you need to worry about. Most of the time.

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1 Answer | Asked in Family Law for Georgia on
Q: My 94 year old dad changed his will after being on Alzheimer’s medicine for seven years. Is this legal?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Oct 13, 2021

There is no law that says a person is too old or too sick to execute a Will. The key issue is whether the person is actually Compos Mentis (of "sound mind" or "...having a mastery of one's mind.") and not Non Compos Mentis (not of "sound mind" or "...NOT... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Once in default must it go to auction or can I follow the signed contract that says Owner may dispose of the contents?

I have owned a self storage facility in Georgia for years and have never held an auction. Our contract was pulled straight from Ga code title 10-4-213, stating we will dispose of the contents if customer is in default. (We always allow 60 days before sending out certified letters or e-mails... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Oct 13, 2021

Your new manager may be correct. Make sure that you are reading the 2021 version of the OFFICIAL CODE OF GEORGIA ANNOTATED. If you remain uncertain after reading the newest language, you should probably meet with a business law attorney who can assist you in understanding your legal obligations.

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