Questions Answered by Paula J. Mcgill
Q: If you are already paying child support thru child support recovery set by them how do I go about getting set visitatio
Paula J. Mcgill's answer
He has to go through Superior Court in the county where the child resides (assuming the child is in Georgia) and legitimate the child, if that hasn't already been done. The friend can seek visitation in the same action he seeks legitimation.
Nobody has to hire a lawyer in family court matters. However, it would be wise to consult with one beforehand. After the consultation, he can make the decision about whether he should hire one for the matter.
He has to go through Superior Court in the county where the child resides (assuming the child is in Georgia) and legitimate the child, if that hasn't already been done. The friend can seek visitation in the same action he seeks legitimation.
Nobody has to hire a lawyer in family court matters. However, it would be wise to consult with one beforehand. After the consultation, he can make the decision about whether he should hire one for the matter.
Q: when i take my childrens dad to court for childsupport can he ask for joint custody although he never did anything
Paula J. Mcgill's answer
He can always ask for joint custody after he legitimates the children. It does not mean he will receive it. Oftentimes, this threat is made for the sole purpose of scaring gullible mothers into not seeking child support. Get child support. The children deserve it. Moreover, even if you don't seek child support, he can always seek custody or visitation, after all he is the father. Unless he is a dangerous criminal or some other loathsome person, he can always obtain some sort of...
He can always ask for joint custody after he legitimates the children. It does not mean he will receive it. Oftentimes, this threat is made for the sole purpose of scaring gullible mothers into not seeking child support. Get child support. The children deserve it. Moreover, even if you don't seek child support, he can always seek custody or visitation, after all he is the father. Unless he is a dangerous criminal or some other loathsome person, he can always obtain some sort of...
Q: Help
Paula J. Mcgill's answer
Read the order. If the order gives him primary physical custody, he can take the order with him, call the police, and have the police accompany him to pick up his children. Moreover, if the mother is violating the order, the brother can file a contempt action and seek to modify the current order because of the distance.
Read the order. If the order gives him primary physical custody, he can take the order with him, call the police, and have the police accompany him to pick up his children. Moreover, if the mother is violating the order, the brother can file a contempt action and seek to modify the current order because of the distance.
Q: What rights does a landlord have to enter my home?
Paula J. Mcgill's answer
More information is needed. If you are the landlord, why do you want to enter the rental property? If you are the tenant, why has the landlord entered the rental property? What does the lease state about the landlord's right to enter the property.
More information is needed. If you are the landlord, why do you want to enter the rental property? If you are the tenant, why has the landlord entered the rental property? What does the lease state about the landlord's right to enter the property.
Q: My ex husband and i have joint custody on our daughter. She's 14 now and wants to live with me. He won't let me see her.
Paula J. Mcgill's answer
You need to file a petition for contempt if your ex husband has failed to comply with the current visitation order, and a petition to modify custody. You should retain counsel for this matter.
You need to file a petition for contempt if your ex husband has failed to comply with the current visitation order, and a petition to modify custody. You should retain counsel for this matter.
Q: How can I make sure that any back child support my kid will receive will go to him after he has turned 18?
Paula J. Mcgill's answer
Unless the mother agrees, you cannot. BACK child support is for support the mother of your child already incurred. It has nothing to do with the fact he is 18.
Unless the mother agrees, you cannot. BACK child support is for support the mother of your child already incurred. It has nothing to do with the fact he is 18.
Q: I have a tenant at will who has not paid rent, how do I go about eviction?
Paula J. Mcgill's answer
Yes, you should consult with an attorney. However, many residential landlords handle the initial filing on their own. Depending on where you are located, the magistrate court may have a preprinted form for you to complete and form. In fact, many courts have those forms online. There is a general dispossessory form that can be used in all magistrate courts in Georgia. It's on the Georgia Magistrate Court website.
However, before you file the form, you may still want to consult an...
Yes, you should consult with an attorney. However, many residential landlords handle the initial filing on their own. Depending on where you are located, the magistrate court may have a preprinted form for you to complete and form. In fact, many courts have those forms online. There is a general dispossessory form that can be used in all magistrate courts in Georgia. It's on the Georgia Magistrate Court website.
However, before you file the form, you may still want to consult an...
Q: The house we rented was sold. Moved to another rental with the same landlord but didn't sign a lease, are we mth to mth?
Paula J. Mcgill's answer
A lease is for a specific property. Unless, the lease specifically allows you to transfer the lease to a different property or you have a verbal agreement with the landlord for a specific time for the new property, you are month to month if you pay your rent on a monthly basis.
If you have a verbal agreement with the landlord, it is strongly suggested that you put the terms in writing so there are no misunderstandings about the agreement in the future.
A lease is for a specific property. Unless, the lease specifically allows you to transfer the lease to a different property or you have a verbal agreement with the landlord for a specific time for the new property, you are month to month if you pay your rent on a monthly basis.
If you have a verbal agreement with the landlord, it is strongly suggested that you put the terms in writing so there are no misunderstandings about the agreement in the future.
Q: I recently went to court with landlord and instead of seeing the judge we opted to mediate I have a court document that
Paula J. Mcgill's answer
It's impossible for most attorneys to provide meaningful advice if documents aren't available for review.
As a result, you need to take the mediated agreement and any e-mails you have with the landlord about this new amount and to an attorney. Some attorneys require office visits. Others can handle the matter by phone if the documents are faxed or e-mailed first.
It's impossible for most attorneys to provide meaningful advice if documents aren't available for review.
As a result, you need to take the mediated agreement and any e-mails you have with the landlord about this new amount and to an attorney. Some attorneys require office visits. Others can handle the matter by phone if the documents are faxed or e-mailed first.
Q: if i had my child for 3 years in the state of Georgia can her mother take her from me when she wants to?
Paula J. Mcgill's answer
It all depends.
Have you legitimated the child if you were never married to the mother?
Is there a custody order in place?
If you were not married to the mother at any point and you have not legitimated your daughter, the mother has full legal custody of the child and can take her. The best thing you can do is file for legitimation and custody.
It all depends.
Have you legitimated the child if you were never married to the mother?
Is there a custody order in place?
If you were not married to the mother at any point and you have not legitimated your daughter, the mother has full legal custody of the child and can take her. The best thing you can do is file for legitimation and custody.
Q: I have a 2 month old and he signed the birth certificate, I want to move to NC from GA, but he won't let me take the her
Paula J. Mcgill's answer
If he hasn't legitimated the child, he has not standing at all. Moreover, if there isn't a court order regarding custody, you have sole legal and physical custody. Therefore, at this point, he has no standing to object to your move.
Moreover, even if there were a custody order, the father would not have absolute veto power to prevent you from leaving with the child. The court would decide if it is in the best interest of the child for the two of you to live in NC.
If he hasn't legitimated the child, he has not standing at all. Moreover, if there isn't a court order regarding custody, you have sole legal and physical custody. Therefore, at this point, he has no standing to object to your move.
Moreover, even if there were a custody order, the father would not have absolute veto power to prevent you from leaving with the child. The court would decide if it is in the best interest of the child for the two of you to live in NC.
Q: I have a son by married man. He provide for him financial support that we agreed upon. He don't want to visit my son or
Paula J. Mcgill's answer
Many parents pay child support without having contact with their children. Visitation isn't directly tied to child support.
You should strongly consider filing for child support. The support will be based on many things, including his income and whether he has other children. Once he is on child support, if he fails to pay in accordance with the support order, he can be held in contempt.
Many parents pay child support without having contact with their children. Visitation isn't directly tied to child support.
You should strongly consider filing for child support. The support will be based on many things, including his income and whether he has other children. Once he is on child support, if he fails to pay in accordance with the support order, he can be held in contempt.
Q: Can my landlord withhold my deposit for painting the house as well carpet cleaning from normal traffic
Paula J. Mcgill's answer
It all depends. Most leases require the carpet to be cleaned before vacating.
Painting is another issue. If the landlord has to repair holes in walls, the would have to paint that wall also.
If you have children who draw on walls, of course he has the right to charge you for painting those walls.
If he is trying to have you pay for painting the entire house just because the house needs a fresh coat of paint, you can challenge his charge.
It all depends. Most leases require the carpet to be cleaned before vacating.
Painting is another issue. If the landlord has to repair holes in walls, the would have to paint that wall also.
If you have children who draw on walls, of course he has the right to charge you for painting those walls.
If he is trying to have you pay for painting the entire house just because the house needs a fresh coat of paint, you can challenge his charge.
Q: We filed for divorce and it is still in progress. My ex wont let me spend time with my son.
Paula J. Mcgill's answer
If you were married when the child was born, both of you have custody of your son. So, the police officer was dead wrong.
In any event, the best and safest way to obtain regular visitation or custody is to request a temporary order that addresses this matter. The order will remain until a final order of divorce has been issued. File a motion with a proposed temporary parenting plan.
If you were married when the child was born, both of you have custody of your son. So, the police officer was dead wrong.
In any event, the best and safest way to obtain regular visitation or custody is to request a temporary order that addresses this matter. The order will remain until a final order of divorce has been issued. File a motion with a proposed temporary parenting plan.
Q: I need to know if I can file Legitimization paper work and ceasesupport by myself
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Juvenile Law
for
Georgia
on
Answered on Aug 15, 2016
Answered on Aug 15, 2016
Paula J. Mcgill's answer
The law allows anyone who is competent to represent themselves in court in civil matters if they want to do so. Many court clerk offices have forms online to get the matter started.
The law allows anyone who is competent to represent themselves in court in civil matters if they want to do so. Many court clerk offices have forms online to get the matter started.
Q: A tenant's washing machine flooded the unit - is the Tenant responsible for paying for the clean-up/repairs?
Paula J. Mcgill's answer
If you are the landlord and it was her washing machine, you have strong case to sue her for damages as a result of her malfunctioning equipment.
She should have renter's insurance. This is why many leases require tenants to have insurance for problems such as this.
If you are the landlord and it was her washing machine, you have strong case to sue her for damages as a result of her malfunctioning equipment.
She should have renter's insurance. This is why many leases require tenants to have insurance for problems such as this.
Q: Is it legal for father to take kid from mother, who she lives with, without being court ordered?
1 Answer
| Asked
in
Criminal Law, Family Law and Child Custody
for
Georgia
on
Answered on Aug 8, 2016
Answered on Aug 8, 2016
Paula J. Mcgill's answer
You didn't provide essential information. Are you married to the father? Is there a child custody and visitation order in place?
If you're married to the father and there is not a child custody order in place, both of you have equal rights to the child.
If you were never married to the father, he has not legitimated the child, and there isn't a child custody/visitation order in place, you have full custody of the child. He has no rights to visitation or custody....
You didn't provide essential information. Are you married to the father? Is there a child custody and visitation order in place?
If you're married to the father and there is not a child custody order in place, both of you have equal rights to the child.
If you were never married to the father, he has not legitimated the child, and there isn't a child custody/visitation order in place, you have full custody of the child. He has no rights to visitation or custody....
Q: If the non custodial parent is behind in child support payment, is he still allowed visitation?
Paula J. Mcgill's answer
Child support is not tied to visitation.
As a result, the visitation schedule must be complied with unless changed by the court.
If the person is not current on child support, file a petition for contempt.
Child support is not tied to visitation.
As a result, the visitation schedule must be complied with unless changed by the court.
If the person is not current on child support, file a petition for contempt.
Q: Does the parent asking for child support have to have a job also?
Paula J. Mcgill's answer
If you are unemployed, the court is likely to impute income based upon your last job and your earning capabilities. Therefore, to answer your question, no you don't have to have a job. However, the court will likely calculate child support as if you had one.
If you are unemployed, the court is likely to impute income based upon your last job and your earning capabilities. Therefore, to answer your question, no you don't have to have a job. However, the court will likely calculate child support as if you had one.
Q: Can the mother move the child to another state without informing the father? He pays child support and never married her
Paula J. Mcgill's answer
In Georgia, just because you pay child support does not mean you are the legal father. If you are the legal father through legitimation and you have a visitation order, you may be entitled to notice before the move to another state. Normally, the notice time in a court order is 30-60 days before the move.
In Georgia, just because you pay child support does not mean you are the legal father. If you are the legal father through legitimation and you have a visitation order, you may be entitled to notice before the move to another state. Normally, the notice time in a court order is 30-60 days before the move.
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