Questions Answered by Paula J. Mcgill

Q: We filed for divorce and it is still in progress. My ex wont let me spend time with my son.

1 Answer | Asked in Child Custody, Divorce and Family Law for Georgia on
Answered on Aug 15, 2016

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.
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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

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.
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Q: A tenant's washing machine flooded the unit - is the Tenant responsible for paying for the clean-up/repairs?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Answered on Aug 15, 2016

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.
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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

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....
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Q: If the non custodial parent is behind in child support payment, is he still allowed visitation?

1 Answer | Asked in Child Support for Georgia on
Answered on Aug 7, 2016

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.
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Q: Does the parent asking for child support have to have a job also?

1 Answer | Asked in Child Support for Georgia on
Answered on Aug 4, 2016

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.
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Q: Can the mother move the child to another state without informing the father? He pays child support and never married her

1 Answer | Asked in Child Custody for Georgia on
Answered on Aug 2, 2016

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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Q: I have found out my tenant has an unapproved roommate and unapproved pets in the unit. Can I retain his deposit?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Aug 2, 2016

If there isn't an early termination provision in the lease, you can retain his deposit for moving out before the end of the lease. Once he moves out, if there are any damages to the rental property, you will have to sue him for those damages.
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Q: Every other year christmas and thanksgiving?

3 Answers | Asked in Divorce and Child Custody for Georgia on
Answered on Aug 2, 2016

If he just didn't show up (without more), no, you don't have to give him visitation during the holidays. The court gave him odd and you even holidays. If he fails to exercise his rights, he cannot change the order unilaterally.
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Q: Our landlord refuses to return our full security deposit due to "damages."

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Answered on Jul 29, 2016

If the landlord refuses to return the deposit, you can sue in small claims court for the return, triple the wrongfully withheld deposit if the landlord is a large landlord (10 or more units) or a management company managed the rental property for a charge.

In addition, you could sue for a decreased value of your lease for the time the residence was not repaired or otherwise uninhabitable.
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Q: Do I have to keep paying bi-weekly child support if the monthly sum is met?

1 Answer | Asked in Child Support for Georgia on
Answered on Jul 27, 2016

Look at the child support order. Does it say you have to pay bi-weekly? If so, then it is likely the fact you receive 26 checks versus 24 checks is already built into the calculation.
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Q: Can the mother of my child deny me from seeing son if I pay child support regularly?

1 Answer | Asked in Child Support and Family Law for Georgia on
Answered on Jul 27, 2016

Morally, she should not withhold the child. In most instances, it's not in the best interest of the child. However, legally she can if you have not legitimated the child and obtained a child visitation order.
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Q: Can child support orders change with out the father knowing? We are not get any notifications about changes.

1 Answer | Asked in Child Support for Georgia on
Answered on Jul 27, 2016

No. You must receive notice.

Contact the clerk to determine (1) if the court has your correct address; and (2) if certificates of service or returns of service were filed with your correct address. If the petition to modify child support is served through a sheriff or private process server, you don't have to served directly. Instead, they just have to serve a person of suitable age and discretion who lives at your residence. The court documents will reveal how these requests to...
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Q: If my son comes live with me do I still have to pay child support how can I stop paying?

1 Answer | Asked in Child Custody and Child Support for Georgia on
Answered on Jul 26, 2016

If your son is coming to live with you, file for a modification of child support. If you don't file for modification and obtain a new court order, you are still responsible for making payments under the old order.
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Q: I have a tenant breaking a lease 4 months early to buy a house. What can the tenant financially be held liable for?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Answered on Jul 26, 2016

If there isn't an early termination provision in the lease, you can sue for the remainder of the lease. Just make sure when he turns in the keys he understands that you are taking the keys to secure the house, not as acceptance of his early termination.
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Q: I recently got custody of my son . I am receiving collection letters from the pediatrician. Is she still responsible?

1 Answer | Asked in Child Custody for Georgia on
Answered on Jul 26, 2016

Was there a child support order in place when the bills were incurred? If so, the order should dictate who is responsible for the unpaid medical bills. If an order was not in place at the time or the order was silent on the matter, you may have to take her to court to resolve the matter.
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Q: The child lives in Ga. The father is trying to file for custody in Ny. What are ga laws on where he has to file?

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Jul 20, 2016

The mother should get a local NY lawyer immediately to have the case dismissed. If the child has lived in Georgia more than six months prior to the father filing for custody, Georgia should have jurisdiction.
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Q: Can a father file for Child Support if hes listed on the birth certificate and the child lives in his home?

1 Answer | Asked in Child Support for Georgia on
Answered on Jul 20, 2016

The father should do everything at once to protect the child's future. File for legitimation, child custody (seek sole legal and physical custody) , and child support all in one proceeding.
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Q: my x spouse after 15 yrs of paying child support is req an increase. I do make more $ now and have 2 add children. right

1 Answer | Asked in Child Support for Georgia on
Answered on Jul 20, 2016

You should think about retaining an attorney, especially if she has one.

Also, the court will consider the fact that you have two younger children. It is unlikely that there will be any argument that will allow the custodial parent to increase child support because the child wants a car. A car is a luxury.
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Q: I am a father and I need know what are the steps to get custody of my son? I wasn't married to my ex.

1 Answer | Asked in Child Custody for Georgia on
Answered on Jul 19, 2016

You need to legitimate your son if you haven't already and file for visitation or custody. This is filed in the county where your son lives. The Defendant/Respondent is the mother.
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