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Georgia Juvenile Law Questions & Answers
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.

1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: Is there much that a policeman can do about this situation?

I’m 17. I’m two months away from being 18. I’m moving out and teaming with a trusted friend as a roommate and I’m going back to work and I have a small business as well. I just don’t want to be at home anymore. Is there not much a policeman can do since I’m so close to being 18? I... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 19, 2021

Forget emancipation. Not enough time to make that work. Until you are 18, your parents rule the roost. Should an adult help you move out before you are 18, that person could be charged with interference with custody. It's only 2 months. Focus on the positive things you should be doing... Read more »

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Need help with appeal process

Three years ago my daughter was in abusive relationship her bf wouldn't let me take the baby and my daughter would steal from Walmart to support her daughter cause the baby father was addicted to pills and would abusive to her. Well she got caught twice put on probation and went to jail for... Read more »

Kedra M Gotel
Kedra M Gotel answered on Jul 7, 2021

Your daughter doesn't have an appeal appealable issue. She simply needs to revoke/terminate/end the guardianship in a signed writing. The Division of Family and Children Services did not initiate a petition of protection nor did they seek termination of your daughter's parental rights.... Read more »

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1 Answer | Asked in Juvenile Law for Georgia on
Q: Can u leave at 18 if ur parents mis treats me and neglect me in Alabama?
Michael D. Birchmore
Michael D. Birchmore answered on Jun 23, 2021

You mis-posted your question as being one dealing with GA law. Still, your question is one that any attorney anywhere could answer. A person who has reached the age of 18 is NO longer a child. That person would be an ADULT. An adult can move, live, etc. wherever they choose to live. No... Read more »

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: My grandson 16 in November has been living in a terrible relationship with his mother. He wants a emancipation.

He ran away last year because his mother is on drugs. We went to Juvenile court and they made him go back home. They did require counseling But mother has refused and said she did not need it. This child has beg for help he is failing in school. I feel that he is a slave he is not allowed to even... Read more »

Gina Anne Smalley
Gina Anne Smalley answered on Jun 8, 2021

You and/or your grandson have options. Without more information, it is hard to answer whether or not he is entitled to emancipation. You may also have grandparent custodial rights. You should seek out a lawyer knowledgable in these areas.

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1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for Georgia on
Q: what motion do I file for mistrial in Jennelle court agast dfcs and they
Michael D. Birchmore
Michael D. Birchmore answered on May 7, 2021

I'm sorry. Your question does not make sense. It is incomplete.

3 Answers | Asked in Child Custody and Juvenile Law for Georgia on
Q: What if a minor (16) runs to your home and is from an abusive home seeking safety?

Specifically, mental abuse. A lot of insults, and not allowing the child to have friends or a love life (child is 16). Punishments for unusual things like accidentally making a mess with food.

Regina Irene Edwards
Regina Irene Edwards answered on May 3, 2021

You could expose yourself to being arrested for interference with custody if you take in a minor with permission of the parents. If the child needs help, you can contact authorities in your area who can investigate.

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1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: My cousin is 16 and is really mature and responsible for her age. She wants 2 b emancipated from her mom who is emotiona

How can she do it quickly

Michael D. Birchmore
Michael D. Birchmore answered on Apr 22, 2021

I'm sorry, but I do not hold out much hope that she will be successful. In 31 years of practice, I have personally known of only 2 emancipations being granted. She must be able to show that she has gainful employment and can pay for everything she needs, rent, car, insurance, food, medical,... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What do I need to do to end temporary guardianship and get my child back?
Homer P Jordan IV
Homer P Jordan IV answered on Apr 5, 2021

You can take the step to terminate the temporary guardianship. An attorney can help you with this process.

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: If I'm ready to have my child back but the guardian doesn't agree, what will happen?
Michael D. Birchmore
Michael D. Birchmore answered on Apr 5, 2021

You have asked about this issue many times in different ways. Honestly? The best thing you can do to help yourself is to meet with a family law attorney. In that meeting, the attorney can ask you questions which will present your overall situation and allow the attorney to present an overall... Read more »

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1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: My 15 yr old nieces reported verbal and mental abuse to DFAC against the parents. What are the child's rights?

DFAC stated they are spoiled and there isn't anything they could do they need to go home. These girls are freefall, stressed and emotionally damaged and the parents will not allow them to live with the grandparents who will make sure they focus on school and treated correctly.

Homer P Jordan IV
Homer P Jordan IV answered on Mar 10, 2021

Considering DFAC is involved they should know the details of the case. If they felt there was no abuse going on then that is what is going to likely stand. At their age, they could go speak to their school counselor and see what suggestions he/she may have. Perhaps the family can get some... Read more »

1 Answer | Asked in Juvenile Law and Probate for Georgia on
Q: 17 year old laws on partial parental consent to leave home

I'm 17 (living in georgia) and I have my father's consent to move out on my own, but not my mother's consent, am I still able to leave? Does it need to be unanimous, or is it ok if you only have ones permission. I've been reading up on GA law and under Georgia Code - 15-11-2 ,... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 5, 2021

OCGA Section 15-11-2(10) states:

(10) "Child" means any individual who is:

(A) Under the age of 18 years;

(B) Under the age of 17 years when alleged to have committed a delinquent act;

(C) Between 18 and 21 years of age and receiving extended care youth...
Read more »

1 Answer | Asked in Family Law, Juvenile Law and Social Security for Georgia on
Q: i am 17 and am filing for emancipation and i need advice

hey so first i have read all these questions and i have sou lawyers answers dont leave one like that for me OK.

ok so i am going to court against my mom because she is calling the cops on me saying i am a runaway but i have proof that i was home. she filed an ungovernable on me because i... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 6, 2021

Dear friend,

I was unable to identify any specific question that you have. It sounds like your teenage years have been quite difficult. As I don't have the full story, I highly recommend you seek advice from someone local that you can visit with in person and tell them your story....
Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Juvenile Law for Georgia on
Q: i dont like living with my mom. she always yells at me. will me or my dad get in trouble if i run away to his house?

i have lived with my mom since my parents got divorced. i have thought about running away so many times. she always yells at me and is always super mean to me and my brother. im 14, and my brother is 10. we both want to live with our dad. but he is really far behind in child support.

Homer P Jordan IV
Homer P Jordan IV answered on Jan 27, 2021

I’m sorry to that you are not happy at home with your mom. At 14 you can’t just run away and decide where to live. Your dad could consult with an attorney to see if there are options for him to get primary custody. Try talking to your mom about the problems and see if it helps.

1 Answer | Asked in Juvenile Law for Georgia on
Q: 17 and wanting to get out of my house

I'm 17 and in a bad house hold. I'm emotionally and mentally abused and on the edge of suicide daily. This is one of my last hopes to find a way out. i have a job but my dad wont let me work enough to support myself. I would have a place to live if i got emancipated. I know my dad would... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 25, 2021

I’m sorry to hear you are going through this. At 17, you have to live where your parent say you can live. Once you turn 18 then you legally an adult and can live where you want to. You should go see your school counselor to discuss your home issues and suicidal thoughts. You may be able to get... Read more »

1 Answer | Asked in Juvenile Law for Georgia on
Q: At the age of 19 can my mother make me move back in with her & send me to rehab
Regina Irene Edwards
Regina Irene Edwards answered on Jan 12, 2021

No. But it sounds like she wants to help, so you should let her.

1 Answer | Asked in Civil Rights and Juvenile Law for Georgia on
Q: I'm 17 and live in GA. I want to leave the house but my mom will report me as a runaway. What can I do?

I have a place to stay for a few days. I just need a break for that time, but my mom won't let me. We got in a yelling match and she slapped me.

Homer P Jordan IV
Homer P Jordan IV answered on Dec 29, 2020

I'm sorry that things are not going well, but until you are 18 you have to stay where she says. If there are problems perhaps speak with your counselor at school. Once you are 18 you will be able to move out.

1 Answer | Asked in Juvenile Law for Georgia on
Q: What are the options of a 17 year old being in a very unsafe home in georgia?
Homer P Jordan IV
Homer P Jordan IV answered on Dec 9, 2020

If you are in danger then you should contact the police. If it’s not immediate danger you may want to speak with your guidance counselor at school. You can also reach out to child protective services.

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