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Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Georgia on
Q: After being served with custody papers in Georgia what is the time limit for having a hearing

Where the defendant can give their side of story

Michael D. Birchmore
Michael D. Birchmore answered on Jul 26, 2021

If you have been served with papers, this is not the question you should be asking. Instead, you should meet with an attorney now to discuss the timelines for you to respond. This response will need to be filed and served well before the time when you will have a hearing.

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have 50/50 physical & legal custody of my children. Can my ex move their school without my consent?

In our divorce papers she has final decision on education. They have been in the same school for years but she recently moved to a nearby county and wants them to go to school there. She never asked me, I found out from the kids. I asked her about it and she says she has final say and is moving... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Your agreement should spell out whose school district controls where they go. In the absence of that, you probably both have the right to enroll them in school, based on the 50/50. You likely will not be able to resolve it through court before school starts, so unless you can prove there's a... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: if the father of my child moved out of state with my daughter without legitimacy what actions can I take?

he is rejecting me from getting my child back in my custody as well as mentally abusing her. she has been with him for over a year refusing me of any rights. he recently told me that he has papers saying that my child has to remain in his custody until the court says he can have custody. I do not... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 23, 2021

You need to report this to the Police. If I understand you correctly, this man has kidnapped the child. If the child was born out of wedlock AND if the man NEVER legitimated the child, the man has absolutely -- NO RIGHTS whatsoever to the child. None. Letting this go on for more than a year... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: I'm having to go to a preliminary protective hearing for my children what can I take with me to help me get mychildren
Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

We would need to know more about your case in order to provide you with guidance. You may want to consult with an attorney who can review the case in detail and present you with the right route to address this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My kids live out state with Mom and I have monthly visitation. I would like to see if I can get credit or

adjustment for travel cost? My CS order is 2yrs old. Can this be done?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2021

A travel deviation is discretionary. You should consult with an attorney. It is possible that even though your order is 2 years old, the support could increase if your income or the child's expenses have gone up, or if the mother's income has gone down.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Grandmother's rights in Georgia

My granddaughter is 10 she currently lives with her grandmother on her mom side. Her grandmother is sick and is in and out if the hospital, my granddaughter mom is unfit and her father is not willing to do the paperwork to get custody how would I go about getting custody of my granddaughter?

Homer P Jordan IV
Homer P Jordan IV answered on Jul 19, 2021

Have you asked her to give you temporary guardianship? You should consult with an attorney who can review the facts of the case in detail and present you with the options.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have legal joint custody with my ex and she will not let me see my child. What do I do?

We were never legally married, lived together 8 years, I am legitimized, pay child support and a court order to have my daughter every week but my ex will not ever allow me to get her. What should my first step be?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 19, 2021

Contact an attorney about filing for contempt. Before you do, send a text indicating you are going to exercise your parenting time at the next scheduled time and you will sue her if she does not allow it.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Just got out of jail for contempt back child support, $8600 to get out and was also stripped of visitation rights. Help!

So yes, wife and I divorced 2014. I tailspun out and was homeless, addicted, mentally lost it a few times, once ended up at a psych place for evaluation etc. 2017, and a couple attempts in 2016 I began trying to pick up myself up and wanted better. Prior to this, was always honest with exwife... Read more »

Kedra M Gotel
Kedra M Gotel answered on Jul 6, 2021

First, I would like to express my sincere condolences for your current situation. As a child support attorney, I am aware of the frustrations surrounding child support arrearages. It is great you were able to purge the amount and be released from jail. On another note, if the mother of your... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How do I start the process of legitimazation and gaining equal rights to my child? Representing myself, very poor

Having issues with getting appropriate amount of time with my daughter, up to being denied access to the children's hospital where she is having heart surgery. No history of abuse, never been in trouble beyond traffic tickets, no justifiable reason to limit my time with her or deny access to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 29, 2021

I'm sorry for you in this situation. What you are looking for here cannot be expressed on this website. I don't like telling you that your odds of getting everything you want are very small when you represent yourself. Trying to tell you what to do here would be like us trying to tell... Read more »

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My daughter is 18 and her boyfriend is 17 he dose not want to be home.his mother is BIPOLAR AND refuses to take her

Her meds and is very abusive mentally and physically can he leave home

Michael D. Birchmore
Michael D. Birchmore answered on Jun 26, 2021

No. He is a child until he turns 18. You need to know that helping him go against his parent(s)' wishes could put you at odds with the law. You might be charged with interference with custody. If the situation is bad enough, you might consider calling DFCS (Department of Family and... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Can I pay child support through Zelle? Is there anyway my ex can come back saying they didn’t receive the money? What

Can I do To make sure she doesn’t come after me for child support if i am paying it through Zelle?

Regina Irene Edwards
Regina Irene Edwards answered on Jun 26, 2021

You can pay this way as long as you don't have a court order specifically telling you to pay another way. First, send a dollar to the number and get a text confirmation that she received it. After that confirmation, you can send the full amount knowing she got it. As an extra measure you... Read more »

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3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my ex tell where I can stay during my visitation time. ie a hotel if necessary.

My ex lives 6 hrs away and I have been driving staying with her, but it is causing too much drama. And now I don’t want to stay with her, but I don’t want to give up my visitation time with my kids.

Kedra M Gotel
Kedra M Gotel answered on Jul 6, 2021

Have you been ordered supervised visitation by a court? If not, you are not obligated to remain at her house during visitation. Get a copy of your order, call a competent attorney, and then schedule a consultation. I wish you the best!

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I'm an unmarried father of an 18 month old mother gave consent for her mother to have custody

they served me with an rule nisi/ex parte/ restraining order what can I do do I get legitimized then go for custody of just answer them and file a counterclaim

Michael D. Birchmore
Michael D. Birchmore answered on Jun 16, 2021

You need to file a Petition to Legitimate the child in the Superior Court of the county of residence of the child or yours. If you do not know how to do this, you will need to retain legal counsel to it. This would be best given you are now under a TPO. Truth be told, it can be tricky to do... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I committed adultery, now during divorce she is committing adultery. Will that affect Alimony? Custody?

I committed adultery and my wife filed for divorce. We are still in the middle of the divorce and now she is dating someone. Can that affect her alimony? I have proof of the guy spending the night at her house with our toddler there asleep. Can that affect custody?The case is in Georgia.

Regina Irene Edwards
Regina Irene Edwards answered on Jun 15, 2021

It likely will not affect alimony. In order for it to affect alimony, the adultery needs to be the cause of the separation. It appears that the marriage ended because of your adultery and she is dating now. Whether or not the person spending time overnight with your child there is enough to... Read more »

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1 Answer | Asked in Child Custody and Probate for Georgia on
Q: My sons grandma has temp guardianship, it was to help me until I got back on my feet she now refuses to give him back

I have my own house my own car , I have a job I’m able to provide. She’s being spiteful and doesn’t want to give him back to me. She manipulated me into all of this & then once I figured out what she was doing I asked her if I could have my son back. And she told me that I needed to have... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Given that you have described this person as you did, the best advice that I can provide is that you should retain an attorney to assist you in this matter.

1 Answer | Asked in Child Custody for Georgia on
Q: What do I need to do to get full custody back of my 2 children? I don’t have the money to hire a lawyer.
Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

The only effective suggestion is that you should beg and borrow the funds to retain counsel. You may also contact GA Legal Services to see if you qualify for a reduced fee attorney.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: How do I file a contempt of court order against the other party? Do I go to the courthouse or can I do it online?
Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Your question makes it sound as if you already have the court order. Only Courts (Judges) may sign Orders. Did a judge sign an order for you? I can't think so. If that had happened it would already be filed. So....... you will first need to file an application for citation of contempt and... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What right does DFCS's Harris County, GA have to take a young child away from her mother?

It's been over 6 years now since the mother has been able to see her daughter. The daughter was given to the birth certificate named father (They were never married.). He has been told by judges to let the mother see her daughter, but each time she has tried to see the child, the mother has... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 4, 2021

This is a genuine mess. First, if the child was born out of wedlock and the biological father (assuming that person is the father you referenced) has n-o-t filed a lawsuit to have the child legitimated, then the man has absolutely no parental rights to the child and should not have the child.)... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: my dad is abusive and keeps me from my mom when I’m supposed to see her what is the fastest way to get out the house

I live in Georgia I’m seventeen years old . My dad has primary custody of me and my mom is allowed to see me but my dad has kept me from her for years , my dad is physically abusive . I was wondering what would happen if I left to my moms house without parent permission. I seen an answer that... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 2, 2021

Hello. I was the attorney who wrote the answer you read. Actually, what I said was that I had h-e-a-r-d of only 2 emancipations in my 31 years of practice. It is an extremely hard thing to accomplish. For example, it you were to explain to a judge what your plan of living is (like you explained... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My sister said i can stay with her i don't want her to get arrested for harboring a "runaway" what can I do?

My father threatens to physically assault me constantly, I've never been enrolled in school, im scared I want to call the cops but I don't know if they'll take me away from them I was beat constantly as a child I am 16 now and I can't stay here anymore cps was called in the past... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 2, 2021

You should contact GA Department of Children Services (Child Protective Services) immediately and speak with an agent of the department and tell them your situation.

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