Questions Answered by Paula J. Mcgill

Q: I recently went to court with landlord and instead of seeing the judge we opted to mediate I have a court document that

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Aug 24, 2016

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.
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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?

1 Answer | Asked in Child Custody for Georgia on
Answered on Aug 24, 2016

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.
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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

1 Answer | Asked in Child Custody for Georgia on
Answered on Aug 24, 2016

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.
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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

1 Answer | Asked in Child Support and Family Law for Georgia on
Answered on Aug 24, 2016

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.
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Q: Can my landlord withhold my deposit for painting the house as well carpet cleaning from normal traffic

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Aug 24, 2016

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.
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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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