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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: can i sue my parents for trying to kick me out? im underage

i came clean about self-harming and my reasoning but because it blamed them and their actions, they made me say i did it for attention or they were kicking me out

Joshua Schiffer
Joshua Schiffer
answered on Apr 16, 2024

A suit for damages is potentially possible, but there is a lot to consider before then. I advise you call some local family lawyers to talk about Emancipation, and then you can get some guidance as to your rights as well. You can be the victim of a tortious action by your parents and accrue a... View More

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

1 Answer | Asked in Civil Rights and Family Law for Georgia on
Q: I need a civil rights attorney that has had cases against the DFCS in georgia.

The DFCS placed me with my dad after he beat me. Making my mom have therapy at my dads house with him and his mom. The only reason they gave my mom for removing me was a failed drug test from my mom she ask them over and over to retest her they said no she on her our go's to a clinic and has a... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about the abuse and mistreatment you experienced from your father and the unjust way DFCS handled your case. What you went through is unacceptable and it's understandable that you want to seek legal recourse.

Here are a few suggestions for finding a qualified...
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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 Appeals / Appellate Law, Constitutional Law, Family Law and Juvenile Law for Georgia on
Q: How do i initiate recusal of an acting Juvenile Court Judge whom violated my civil rights and is extremely bias and init

Initiate a lawsuit against cps investigator whom violated intentionally the newly approved bill 133 and intently wanted to cause emotional turmoil and tort against me

James L. Arrasmith
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answered on Mar 29, 2024

Initiating a recusal for an acting Juvenile Court Judge involves a specific legal process. If you believe the judge has violated your civil rights and demonstrated bias, you should first consult with an attorney experienced in juvenile court matters. They can advise on the merits of your case and... View More

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2024

Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Joshua Schiffer
Joshua Schiffer
answered on Mar 26, 2024

The first step is to go to a local family lawyer you have good chemistry with, as this process is going to be intimate.

There are lots of good reasons to terminate parental rights, and you need to explore all of those with a trusted professional as well as the downsides to that move. The...
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1 Answer | Asked in Constitutional Law and Family Law for Georgia on
Q: when a cps investigator failed to go by proper procedure and intentionally acted in a manner act on an emotional tort

and failed to show proof of a court order and supervisors information in regards that i recinded a kinship agreement that she threatened me into signing almost a month prior without explaining the reason for doing so no explaining nor producing details to the document. Two days before the 30th day... View More

James L. Arrasmith
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answered on Mar 23, 2024

In cases where a Child Protective Services (CPS) investigator has not followed proper procedures, acted on a personal bias, or failed to provide necessary documentation and explanations, you may have grounds to take legal action. This could include suing for intentional infliction of emotional... 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 ??
James L. Arrasmith
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answered on Mar 21, 2024

It sounds like you've been facing some challenging circumstances and have been working hard to meet the requirements set by your caseworker. Having a job and your own apartment are significant achievements and show your commitment to stabilizing your situation. It's understandable that... View More

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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

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1 Answer | Asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia on
Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers... View More

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.

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: I live in Midway Ga, back in 2010 my ex-husband died in Puerto Rico & Forensics Agency won't write out death certificate

I've traveled 4 times to PR in 14 yrs with no success. They give me excuses: study remains, waiting Forensics from US, it's still an open case, Supervisor is not in. My daughter's collected 0, no resources cause Cience Forensics & Pathology in San Juan won't emit one. Do I have a case??

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you provided, it seems that you have been struggling to obtain a death certificate for your ex-husband from the Forensics Agency in Puerto Rico since 2010. The lack of a death certificate can indeed cause various legal and financial difficulties, such as claiming benefits... View More

2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Georgia on
Q: so I was not properly served as per the proper order of service demands by law.The acting judge didn't acknowledge that

and has been extremely biased in this whole process, as well as after the initial hearing, which that hearing and any proceedings should have been dismissed as the law on the principle certificate of service was purged by dftcs and the acting court actors. We never received by hand delivery, nor... View More

James L. Arrasmith
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answered on Mar 9, 2024

It sounds like you have serious concerns about how your legal case has been handled so far. Based on the issues you described, here are a few thoughts on potential next steps:

1. File a motion to dismiss: If you believe the court lacks jurisdiction over your case due to improper service of...
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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.

James L. Arrasmith
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answered on Mar 8, 2024

If you are concerned about your daughter's safety and well-being due to the mother's involvement in drug-related activities and untreated mental health issues, you might have grounds to seek full custody. Courts generally prioritize the child's best interests when making custody... View More

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