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Georgia Questions & Answers
1 Answer | Asked in Civil Litigation for Georgia on
Q: After you file a response and counterclaim in custody dispute in Georgia what is the law on when a hearing is supposed

To be held?

Michael D. Birchmore
Michael D. Birchmore answered on Jul 27, 2021

The Court will set the time for all the hearings in a case. If you are a proper party to the case, you will receive notice of the hearing.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My son is 30. He was accused by his girl friend of terroristic threats and he had a firearm when he was arrested.

He is a convicted felon. He has a prior conviction of battery or domestic violence. What should I expect? He is in custody in Alpharetta, GA.

Joshua Schiffer
Joshua Schiffer answered on Jul 27, 2021

Big time gonna need a lawyer. Is he still in the Alpharetta annex or did they transfer him to the Rice Street Jail? He is going to likely get a bond but the Poss of Firearm by Conv Felon is arguably worse than the new Terroristic Threats. Much stiffer penalty.

My direct email is...
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1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: What are the laws concerning marketing products from said patent without both inventors signing the other rights?

If one of the inventors listed on the patent has died. Are his rights transferable to his heirs or does the other listed inventor have sole marketing rights?

Kevin E. Flynn
Kevin E. Flynn answered on Jul 27, 2021

Patent rights start with the inventors. The rights can be moved in their entirety through a type of contract known as an assignment. Many inventors are paid to invent by their employers and assign their inventions over to their employer. Rights can also be given to use the invention through a... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: What if I forgot to submit the summons but the opposing still filed a response to motion to amend final order.

How will Court handle at hearing. Could opposing counsel bring up at hearing to have motion completely ignored?

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

Not filing a Summons is not fatal to a case - you can always file it now.

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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.

1 Answer | Asked in Products Liability and Business Law for Georgia on
Q: Can a carlot change the down-payment
Cory D. Raines
Cory D. Raines answered on Jul 26, 2021

This question is quite vague and without more, an appropriate response can't be given. However, many contracts have contingencies, so if there was one related to the down payment, then that could cause it to change. For instance, if a car lot agrees to a down payment of $5,000, so long as you... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: In Fulton County Superior Court Family Division, if an individual I want served with a Motion to Modify Final Order...

has an attorney on record do I serve the attorney with the motion or serve the individual with the motion?

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

For a new modification case, you have to serve the other party personally.

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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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1 Answer | Asked in Real Estate Law for Georgia on
Q: Can tenant withhold rent when utilities are cut off due to landlord's failure to pay?

in Mississippi

Michael D. Birchmore
Michael D. Birchmore answered on Jul 25, 2021

You are asking GA attorneys about a MS legal issue. You need to put the question in front of the MS attorneys. Resubmit the question and be sure you are sending everything to the correct attorneys.

1 Answer | Asked in Adoption, Family Law and Legal Malpractice for Georgia on
Q: I am a birth father. The birth mother and I want to contest an adoption we’ve consented. How do we start the process?

The birth mother signed a Post Adoption contact agreement thinking that we would be able to keep in contact with the adoptive parents. The attorney never said that both parties needed to sign. I’ve recently learned that they never signed an agreement. This would have been a dealbreaker in our... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 25, 2021

Get an adoption attorney on the job immediately. You are under a time deadline. Don’t delay.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: Can my ex husband sue me for theft over a phone plan we had together?

When we were married we shared a phone plan. He made all the payments. When I left I took the phone I had and switched my number over to a new phone. Now he threatens me with suing me because I took the phone and also won’t pay him $659 for the phone itself. Can he do that?

Michael D. Birchmore
Michael D. Birchmore answered on Jul 25, 2021

This issue should have been resolved through the divorce.

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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3 Answers | Asked in Divorce for Georgia on
Q: What rights do I have if only married for 19 months and put out of the martial home

My husband owned the house prior to us getting married he has offered no assistance I was however able to get monies he owed me before he blocked account access . He insisted that I leave my job and draw SS benefits stating he was going to take care of us now he wants a divorce where does all of... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 23, 2021

Given the short length of the marriage, it is unlikely that he will have to give you any more money if you already recovered what you say he owed. You should contact an attorney about an uncontested divorce.

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My son’s dad signed birth certificate late. Will i be able to get child support now or will i have to wait ?

We sent the papers in back in June, but it could take up to 10weeks for his name to officially be added to the birth certificate, can i go ahead & get child support or will i have to wait until his name is officially on the document?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 22, 2021

You can file for child support now.

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1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: When did this situation start I bought property last year and as a buyer I didn't get anything like this.
Michael D. Birchmore
Michael D. Birchmore answered on Jul 21, 2021

Your question makes no sense. Try again and provide actual information regarding your situation.

2 Answers | Asked in Family Law and Adoption for Georgia on
Q: My goddaughter which is 24 years old wants us to be her parents on her birth certificate and change her name to ours.

She has been our child for years already be provide for her but she was adopted from the state when she was 4 years old and now she doesn’t want them as her parents on her birth certificate. Can we just put a petition in to have everything change on her birth certificate or do we have to go... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 21, 2021

If you want her to inherit from you as being your own child, an adoption is the way to go. If you do not want to adopt, then you would need to meet with a probate attorney and make sure that all your advance directive documents, Wills, conveyance documents, etc. (whatever is needed to accomplish... Read more »

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I be the power of attorney agent as well as the witness?
Michael D. Birchmore
Michael D. Birchmore answered on Jul 21, 2021

Your question does not provide enough factual information for us to provide a dependable answer.

That said, a person appointed to sign under a POA cannot be a witness because the person would then be witnessing their own signature.

3 Answers | Asked in Bankruptcy and Divorce for Georgia on
Q: I got a letter about my ex-husband's bankruptcy case stating "a discharge under 11 U.S.C. & 727 is granted".

Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »

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

Most divorce settlements are not dischargeable in bankruptcy. You need to consult with an attorney who can review your agreement, determine what type of payments he owes and then give you advice.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: How would I get my nephew out of my house? He has been living with my parents who recently died the house is in my name.

Living there on and off for a year and has mail come there.

Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

If it’s legally your house then you can have him evicted. You will need to go the legal route to do so.

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