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Questions Answered by Ellaretha Coleman
1 Answer | Asked in Divorce and Landlord - Tenant for Georgia on
Q: I'm going to annulment and my wife wants me out of the house. Now what can I do to stop the eviction process?

I have no where to go or a job right now. I'm will to leave after I find a job. I'm not violent or Argumentative. I have moved to other bed room.

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

If you are still currently married, she can not evict you. She will have to seek exclusive use and possession of the residence through the family law court.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Georgia on
Q: Can a temporary protection order be filed by individual with temporary custody of child involved in Georgia dfacs ?

Father issued tpo today, he has lived with ex girlfriend and her mother last 4 years. The mother had custody but got in trouble, arrested for meth and dfacs granted her mom temporary custody. His ex was injured 6 weeks ago and her mom has been out of town leaving my grandson with one her neighbors.... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

Unfortunately, without knowing more facts on the basis for the TPO, we can't advise on the strength of the TPO. Her only having temporary custody would not be a restriction to filing a TPO.

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Q: Is it possible to vacate a Termination of Parental Rights Order after the children have been adopted?

Termination of Parental Rights (TPR) occurred in 2021 and was involuntary. It is my understanding that in GA, a TPR can be vacated under certain circumstances, and the time limit is 3 years from the date of the TPR. Is this right? If so, does it still apply to my case if my kids have already been... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

Unfortunately, the time to appeal your termination of parental rights order would have needed to have been filed within 30 days from the date of the order.

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Could a temporary change in custody be a bad idea in the long run?

We have 50/50 custody with a custody order in place. Our 12 yr old wants to be with her mom more during the week than she is now. If we agree to a temporary change could the mom go to a judge and get full physical custody after a few months of the temporary schedule being in place?

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 12, 2023

Yes. If a pattern is established of you not exercising 50% of the time with the minor child, the parent who is now taking on more of the parenting responsibility can request a modification of the current parenting plan.

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2 Answers | Asked in Child Custody and Domestic Violence for Georgia on
Q: Is there a way to find out if someone is still on probation?
Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 3, 2023

The original order placing the individual on probation will have the length of time for their probation. However, that document will not tell you if their probation has been terminated early.

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1 Answer | Asked in Criminal Law, Divorce and Traffic Tickets for Georgia on
Q: A friend on parole initiated a divorce with husband. Can husband have her arrested & gain court favor at dvrce hearing?

Friend out on felony parole, initiated a divorce from her husband, husband is narcissistic, egotistical, spiteful, verbally abusive to her in front of their daughter, manipulative, coercive, and just all around toxic in general... Parolee friend and their daughter left the house, upon leaving the... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 24, 2023

Her being on parole and filing for divorce are not a basis for an arrest. She should be fine with her parole as long as she does not violate the law.

2 Answers | Asked in Divorce for Georgia on
Q: Signed quit claim in GA. Divorce decree says I get 1/2 net proceeds. House pending. Do I go to settlement to get check

I called realtor and she wouldn’t talk to me

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 24, 2023

You do not need to appear at the closing to be paid your proceeds. The closing attorney should handle the distribution of proceeds after the closing.

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3 Answers | Asked in Divorce for Georgia on
Q: Hi from ga getting a divorce,& my name is on the deed.How & what is the process of my husband buying me out

Is buying someone out even a thing? And what comes 1st? The process of that or signing divorce papers

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 24, 2023

I agree with attorney Edwards in that you should not do this without a lawyer. You should get an appraisal on the property to determine the amount of equity in the home before agreeing to any buyout amount.

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2 Answers | Asked in Divorce for Georgia on
Q: Getting a divorce my wife wants to sign over the home to her daughter can she do this without my consent

There's also a handicapped boy she has custody of she wants to leave him with her daughter army home

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 14, 2023

No, she can not transfer the title to the home to a third party absent your consent if you are both on the deed. Once your divorce is filed, a standing order issues in most counties which will prohibit any transfers of property until the divorce is final.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: My wife and are are getting divorced she has already expressed her intent to move to Florida soon she wants to give heb

She wants to sign over the house to her daughter can she do this we are both on the deed

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jul 14, 2023

No, she can not transfer the title to the home to a third party absent your consent if you are both on the deed. Once your divorce is filed, a standing order issues in most counties which will prohibit any transfers of property until the divorce is final.

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1 Answer | Asked in Criminal Law for Georgia on
Q: How can I pursue charges against someone guilty of doing this?

Continuously been spying eavesdropping and stalking me playing games with my business and they need to be taught a lesson.

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 16, 2023

If you have evidence of the spying and eavesdropping, you may qualify for a stalking temporary protective order.

1 Answer | Asked in Criminal Law for Georgia on
Q: I completed a first offender probation and a conditional discharge am I a convicted felon, do I have my fire arm rights?
Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 16, 2023

If you successfully completed your first offender program, you are not a convicted felon. Adjudication in first offender cases is withheld.

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: Does child support end the last day of high school or the actual graduation day. HS ends almost a week before graduation
Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 9, 2022

At graduation provided that the child has also turned 18.

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: who gets child support if grandmother has temporary custody but she lives with me

my daughter lived with my mom age 2-14 but lives with me an has since last year july 2020. her dad pays child support but we dont get it. they keep giving it to her and she dont even speak to my child anymore at all.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Nov 15, 2021

If there is a current order of support which shows that your mother has custody, you will need to modify that order so that you have custody and are then entitled to receive the support.

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4 Answers | Asked in Divorce for Georgia on
Q: Hello. Can I file for divorce if there is a TPO granted to my husband against me in Georgia? Thank you.

I know I have to hire a lawyer in GA.

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 10, 2021

yes.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Misdemeanor shoplifting from employer who allowed employees to have tab.i quit and got charged .i shouldn't be convicted
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jul 12, 2021

There are not enough facts included in your request to give an accurate response.

2 Answers | Asked in Family Law for Georgia on
Q: I want to legitimize my children, I am on the birth certificate for both of them.

They lived with me in GA from 8\1\2020 to 5/22/2021 after their mother had a mental health crisis. Due to not being married they had to go back to her in Florida once she became stable again. I now want to legitimize myself to have right to them and see them again. Do I need to do a paternity... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 14, 2021

You can file for legitimation. We would need additional information to determine which state you would need to file the action. Our office is happy to help.

Atlanta Family Law Group, LLC

404.963.9452

atlfamilylawgroup.com

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3 Answers | Asked in Divorce for Georgia on
Q: My court doc says I will be jailed for lack of payment of a student loan from my divorce decree. Can I be jailed 4 that?

It states that I must pay the full purge amount or I'll be incarcerated.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on May 20, 2021

Yes, you can be jailed for failure to meet your financial obligations pursuant to your divorce decree. If you are not financially able to meet these obligations, you should consult with an attorney to discuss your options.

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3 Answers | Asked in Divorce for Georgia on
Q: My wife and I are getting separated and she has my car in another state. What can I do legally to get it back
Ellaretha Coleman
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Ellaretha Coleman
answered on Apr 13, 2021

You're going to need to file for divorce and have the judge decide who gets the car.

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2 Answers | Asked in Divorce for Georgia on
Q: If I am getting a divorce and I agree do I have to answer the summons
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Apr 13, 2021

Yes, even though you agree to the divorce, you may not agree to all of the things that your spouse is requesting in the divorce. If you do not have a settlement agreement that is being filed with the court, I would highly suggest that you file an answer and counterclaim for divorce to protect your... View More

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