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Georgia Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for Georgia on
Q: Can Cmplaint B filed if lawyer contacts person w/no-contact ordr against them, then calls cops days later & Reprts Cntct

I was dating lawyer. Broke up w/her, she trashed my house. Cops were called, she was chargd w/felony proprty damge. We got back togthr. To avoid losing license, she wrote a stmnt that got her out of trouble and put me in trouble. I ended up w/ false reprt of crime (1 yr probation, ankle monitr... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Mar 20, 2023

You need to speak with a good criminal attorney. A bond condition is not a suggestion - no contact means no contact.

1 Answer | Asked in Family Law and Real Estate Law for Georgia on
Q: I need assistance with a family dispute over real estate.

Hello,

I am looking for legal assistance to assist me in my efforts to dissolve a property I own with my daughter. We purchased the home on 9 September 2022. She and I were supposed to live there together but due to unforeseen circumstances we are not able to do-habitat.

The sale... Read more »

James Clifton
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James Clifton
answered on Mar 17, 2023

Legally, if you could not come to an agreement regarding buying out her ownership interest in the property, you would need to seek a partition, which would split the property. If the property could not be split equitably, the court would order a sale of the property. If you want to avoid that, you... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can my birth mother sue for visitation

I was born in California and so were my birth parents. Their parental rights were taken away in 2000 when I was 7 years old. I was adopted the following year in 2001 when I was 8. My adoptive parents are on my birth certificate. I’ve been in contact with my birth mother for about 12 years now and... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Mar 12, 2023

No. You have no legal relationship with your birth mother. So she doesn't qualify as a grandparent to try to get grandparent's rights, and she wouldn't meet those standards anyway. So it's a definite no. You can exclude her if you wish.

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Georgia on
Q: I'm being charged for Same offense in 2 separate courts?Higher court has been disposed and rehabilitated.

I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 11, 2023

It sounds like you may need to speak with an attorney who can review your specific case and provide legal advice tailored to your situation. It is unusual for someone to be charged for the same offense in multiple courts, especially if one of the charges has already been disposed of and... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: When petitioning for rights to visit grandchild how do I prove that the health or welfare of the child will be harmed .
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 10, 2023

My best advice to you is to hire you a local attorney in your area. Grandparent visitation is limited and several factors need to be proven in order for the court to determine that visitation is in the child's best interest. If the parent objects to your visitation, you will need to make... Read more »

2 Answers | Asked in Domestic Violence, Family Law and Criminal Law for Georgia on
Q: If I have a restraining order against my son for family violence, can I remove him from the deed of my house?

My husband and I purchased a home and was manipulated into adding my son and his children's mother to our deed. The agreement was for them to pay half of the mortgage. After adding them the the deed we have received no money for the mortgage nor bills. However, I have been abused mentally,... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Mar 8, 2023

You cannot remove someone from a deed unilaterally. Even if you have a restraining order. You will need to contact a civil attorney to resolve the issue. Your son has interest in the house.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Do I need a lawyer to get a visitation schedule to see my child or would that be my right after paternity is confirmed?

The matter will be heard in Fulton Country GA and a petition for Paternity and Child Support was filed. I know I need to file an answer and counterclaim for legitimation to get proper rights in GA and a definitive visitation schedule.

There is already a child support order from Illinois... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 8, 2023

If you choose to represent yourself you will be expected to have the same knowledge as an attorney. You will be expected to handle your own discovery, your case in chief and to prepare all of your documents for Court. I would highly suggest hiring an attorney, because the child support, custody... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Hi! I was wondering if theres anything I can do about my daughters dad trying to reach out to see my daughter?

My daughters dad hasn't seen her or even tried to see or hear about my daughter. He lives in tennessee and I moved down here with her cause he mentally and emotionally abused me and now I'm terrified hes going to do something to her. He has kidnapped her when she was 3 months old and... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Mar 8, 2023

If you were never married and he hasn't legitimately, he has no rights. If he files to legitimate, you can hire an attorney to contest the legitimation.

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2 Answers | Asked in Family Law for Georgia on
Q: Hi! I was wondering if theres anything I can do about my daughters dad trying to reach out to see my daughter?

My daughters dad hasn't seen her or even tried to see or hear about my daughter. He lives in tennessee and I moved down here with her cause he mentally and emotionally abused me and now I'm terrified hes going to do something to her. He has kidnapped her when she was 3 months old and... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 10, 2023

If you prevent the father from having any contact with the child, he may decide to file an action to legitimize. If he does so, sure you can object to the legitimation. However, the Court may still determine that the father being in the child's life is in the child's best interest and... Read more »

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1 Answer | Asked in Family Law and Probate for Georgia on
Q: Can a person continue to file caveats until all the heirs die out?

Should my lawyer be fighting the caveat since the family member filing has not been seen or a part of our family for 30 years? They are claiming they have proof that my moms will was done under duress which is false. Can they continue to geting the caveat delayed or postpone until all the heirs... Read more »

Seth Meyerson
Seth Meyerson
answered on Mar 3, 2023

Most wills are upheld against caveats. I'm sure they claim a lot of stuff in their caveat. I always do. A caveat will lead to a trial if the issue is not settled before. No reason this should take longer than a year or so and may be handed much faster. Deciding whether the issue is worth... Read more »

1 Answer | Asked in Family Law and Probate for Georgia on
Q: is it possible to get married without a ceremony in the state of Georgia?

is there a way to get legally married without having to go before a minister or judge and just sign the paperwork? my anxiety is too high to face people

Seth Meyerson
Seth Meyerson
answered on Mar 2, 2023

I bet if you let the clerks know your issue beforehand, at worst you and your prospective spouse could meet with the judge privately in his chambers. You might need to bring a witness.

1 Answer | Asked in Family Law, Probate and Elder Law for Georgia on
Q: Georgia, who gets conservatorship of incapacitated parent with 2 living adult children?

i.e. An adult couple have 2 adult children. 1 spouse/parent dies and the other is incapacitated. Who is likely to get POA and conservatorship of parent? The eldest child was already named primary in a medical directive, and also listed on a STATUTORY FORM POWER OF ATTORNEY on mortgage papers for... Read more »

Seth Meyerson
Seth Meyerson
answered on Mar 2, 2023

The designation in poas creates a preference for the designated. The issue still needs to go before a judge if a guardian and or conservator is to be appointed.

Another question is why do you need the courts involvement if you already have poas. See an elder law attorney in Georgia.

1 Answer | Asked in Family Law for Georgia on
Q: hello,I was wondering if its legal for my husband to take my name off the apartment lease and move in but not allow me

My husband and I got into an argument and he removed my name from the apartment lease this was in tucker Georgia at the lavista crossing.

he moved in but didnt allow me to

Regina Irene Edwards
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Regina Irene Edwards
answered on Mar 1, 2023

Laws don't govern what spouses do for each other as long as the action itself is not illegal. He's not required to keep you on the lease. If you have lived there together, he cannot exclude you from the home.

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Do you have to file contempt in the court that holds the original order?

Ex wife filed contempt in the county I live in that doesn't hold the original order.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 1, 2023

A defendant can typically be sued in the county where they are a resident. She did not have to file in the county that signed the original order unless you had moved out of state. She can file in the county where you live, and I would suggest you hire an attorney.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: legitimation/ temporary custody hearing with child’s father august of 2021. I just received notice for a final hearing.

What should I expect as far as the procedure? I thought case was closed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 28, 2023

I can't tell you what to expect when I don't have any details of your case. You stated, "legitimation/temporary custody hearing with child's father august of 2021, I just received notice of a final hearing. What should I expect as far as procedure? I thought the case was... Read more »

1 Answer | Asked in Family Law, Probate and Landlord - Tenant for Georgia on
Q: I live in a house my mom Owen’s & I lived there for years . Now my brother & sister are trying to evict me .

My mom has all timers & dose not remember anything. The house is still in her name.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 25, 2023

If the house is still in your mother's name and she has Alzheimer's and is unable to manage her affairs, it may be necessary to establish a conservatorship to manage her assets and make decisions on her behalf. A conservatorship is a legal arrangement in which a court appoints a person or... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: If neither parent has custody of minor children do we file divorce with or without children?

Both minor children’s paternal grandmother has sole custody of both minor children. And there is a 3rd child but he is not a minor.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 23, 2023

If you have living biological children born of the marriage then you have children, whether they currently live at your residence or not. The Court needs to know that you have living minor children in order to address the custody & visitation of those children as well as child support, if that... Read more »

1 Answer | Asked in Civil Litigation and Family Law for Georgia on
Q: Can I sue my soon to be ex husband for causing my family to be homeless?

Hi! I am in desperate need of an attorney. I have already filed for divorce, but need a lawyer who is versed in the ways of a narcissist. I reached out to Georgia Legal Aid for assistance with this, but was denied due to funding. I’m turning to this community because I have limited funds myself,... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 23, 2023

A judge can't order you to find an attorney. You can always choose to represent yourself, legally you have that right. Now the judge may have told you to get an attorney because they may really think you need one. But that's not an order. You don't sue someone for making you... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can you move out of state if grandparent visitation was granted temporarily

My father in law has a temporary grandparent visitation order for my stepson. we are relocating to a different state near the other three grand parents for my job.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 23, 2023

You could find yourself in contempt of court if your move prevents the grandparent from exercising visitation. Temporary visitation means that a case is still pending. If so, I don't think you should relocate without notifying the Court. The Court may need to reevaluate the visitation so... Read more »

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