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Questions Answered by Paula J. Mcgill

1 Answer | Asked in Civil Litigation for Georgia on

Q: Lawyer of person I am sueing filled a discovery with court I didn’t received. I have a proof that I was out of country

They said it was delivered to me to answer but I have proof I was flying inn that day from Europe and was at home late at night. Is it falsifying documents form that lawyer side ? Can I use it to show how unethical defendant it ?

Paula J. Mcgill answered on Jun 24, 2019

How did the attorney say it was served, hand delivery, mail, etc.?

If the attorney said it was hand delivered to you and not to your address, you will be able to dispute it by showing you were out of the country. Demand the attorney show how it was served.

4 Answers | Asked in Child Custody and Family Law for Georgia on

Q: How does a father apply for custody of his child that the mom let move in with another family member.

My husband and his ex wife divorced in 2004 she got custody in the divorce and he was granted visits and child support for years the children were allowed to visit only at her convenience sometimes wouldnt allow visits for months my husband has continued to pay his support.well he was just informed... Read more »

Paula J. Mcgill answered on Jun 24, 2019

He has to file a petition to modify custody and child support. He should hire a local lawyer to handle the matter.

Also, because the child is 16, the child"s wishes on custody will be considered by the court.

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3 Answers | Asked in Child Support and Family Law for Georgia on

Q: Can a father legitimize his child without the mothers consent?

Mother wants to file for child support but refuses the papers of father trying to get the child legitimized

Paula J. Mcgill answered on Jun 20, 2019

Yes, the father can file for legitimation and visitation in the Superior Court where the child resides. The court will have a hearing on the matter if the matter can't be resolved.

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2 Answers | Asked in Family Law and Child Custody for Georgia on

Q: Father hasn’t seen children in 5 years, does he have the ability to take custody of the children?

He has paid child support, but hasn’t made contact with them since divorce, did not request custody at divorce hearing.

Paula J. Mcgill answered on Jun 11, 2019

I would recommend the father seek visitation first to re-establish a relationship. After two years or so of having a strong relationship with the children, primary physicsl custody would not be out of the question.

With the information that was provided, at least, the father has almost...
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1 Answer | Asked in Landlord - Tenant for Georgia on

Q: Roommate/Landlord in Georgia moved 4 people in no notice and will not let me retrieve my belongings, what are my rights?

6 people were already living in house

4 strangers moving in

2/3 Renters left the house to avoid conflict

Landlord broke into bedroom and allowed 4 strangers to go through belongings (on video)

Called police to press charges for motion activated camera in renter’s... Read more »

Paula J. Mcgill answered on Jun 6, 2019

1. Call the police.

2. Whether the police get you back in or not, you have a claim against them for wrongful eviction.

3. If you want entry to the property, you can file in Superior Court and/or hire an attorney to send an immediate demand for entry and file a lawsuit if the police...
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1 Answer | Asked in Landlord - Tenant for Georgia on

Q: I was served an eviction notice due to non payment of rent. Even though I have receipts proving that I paid rent.

What are my options now? Take my receipts to court with me or show my landlord the receipts?

Paula J. Mcgill answered on May 28, 2019

If you were served with a dispossessory affidavit that was filed in court, the document will have the stamp of the clerk of the court and inform you of the 7 day deadline to file an answer in court. Therefore, file the answer in court by the deadline. It is so easy to miss the deadline, and you... Read more »

2 Answers | Asked in Family Law for Georgia on

Q: Does a child molester have right to see child after 13 years

13 year old daughters father is a child molester and hasn’t seen her in 13 years. What are my right from keeping him from her?

Paula J. Mcgill answered on May 24, 2019

If there isn't a court order regarding visitation, you don't have to allow visitation. If he persists, get a protective/restraining order from the court.

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1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Georgia on

Q: How do I counter claim a retaliatory eviction for withholding rent due to recent flood and windows not working leaks in

Paula J. Mcgill answered on May 14, 2019

If the landlord has filed a dispossessory, you file your answer and counterclaim at the same time.

The counterclaim would include any repairs you made, the decreased value of your lease, property loss, personal injuries (if any), mental distress, inconvenience, and for wrongful eviction....
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3 Answers | Asked in Child Custody and Child Support for Georgia on

Q: My ex doesn't want to assist me with sharing custody but wants to file for custody

What about if he tries to get custody of the kids because he doesn't want the child support 2 be remodified or increases

Paula J. Mcgill answered on Jun 12, 2018

If he files, you oppose it. If he is due for an increase in child support, you should schedule a time to discuss this matter in full with an attorney.

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1 Answer | Asked in Landlord - Tenant for Georgia on

Q: Can a landlord increase the rent during the lease if the lease does not address rent increase at all.

The tenant is living in an apartment paying rent of $400. The landlord's mortgage is $1,600. He needs to raise the rent. The lease term is Aril 4, 2017 - October 4, 2019

Paula J. Mcgill answered on Jun 4, 2018

What does your lease say about when you have to notify the tenant about nonrenewal?

If it's 60 days for example, you have to let the tenant know of the increase on or before the 60 day limit. If the lease does not have a deadline for nonrenewal, you have to let the tenant know of the...
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2 Answers | Asked in Child Support for Georgia on

Q: Yes I’m 45 and have been divorced for almost 3 years. I adopted her two kids and we had one together ages 18,16,5

I have paid my child support every week out of my check. We agreed on $198 a week. My oldest and my middle one do not come see me at all. I only get the youngest one. They know there suppose to but don’t cause there Mom don’t make them. My question is can I do anything about dropping the child... Read more »

Paula J. Mcgill answered on May 23, 2018

Unfortunately, child support isn't tied to whether the children follow the visitation schedule.

You can file a motion for contempt against her for the middle child. However, at 16, that child has the right to voice his/her choice on visitation/custody. Normally, judges will not follow...
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2 Answers | Asked in Child Support for Georgia on

Q: I have a child support court date and my 15 yr old son on which the case is concerning wants to go as well. Can he?

Paula J. Mcgill answered on May 22, 2018

Judges will normally not allow children to remain in the courtroom.

However, if he is concerned his wishes may not be considered, he is of the age that he can file an affidavit regarding his choices on child custody/visitation.

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3 Answers | Asked in Child Support and Divorce for Georgia on

Q: If me and my wife are separated but not legally and I pay for the house she lives in can she still get child support

Even tho we are not divorced yet

Paula J. Mcgill answered on May 21, 2018

In Georgia, she can file for "separate maintenance" and obtain child support before filing for a divorce.

The house is a marital property issue, not a child support issue. If you wife works, you may want to require her to pay a portion of the mortgage to you based on your relative...
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1 Answer | Asked in Landlord - Tenant for Georgia on

Q: If a lease ended and then tenant went mth to mth with no new signed lease, Is the terms of the original lease valid?

Paula J. Mcgill answered on May 21, 2018

Standard leases have a provision that state either if nobody terminates the lease is renewed for another term (usually 12 months) OR the lease goes month to month until either party gives notice of termination. If the second provision is in your lease, the terms of the written lease still apply.

1 Answer | Asked in Landlord - Tenant for Georgia on

Q: Can a landlord deduct additional money from deposit if he did an additional walk through without us after we left?

We did 2 walkthroughs with our landlord and he said he would give us one amount back but then he did an additional walk through after we left him and he wants to deduct more money from our deposit. This is after he told us he would give us a certain amount back. We did not sign anything saying we... Read more »

Paula J. Mcgill answered on May 16, 2018

When did you vacate on the day you did the walk through?

How long after you vacated did he do the last walk through?

The landlord has to do the move out checklist and send it to you no later than three days after you moved out.

1 Answer | Asked in Landlord - Tenant for Georgia on

Q: is a lamlord required to provide the tenant with a notice to quite before filing for eviction witht the court?

Paula J. Mcgill answered on May 16, 2018

Yes, a demand to vacate must be made before a dispossessory can be filed.

If the landlord skips over that step, the tenant can use that as a defense in the action.

Two weeks ago, I won in an action because the landlord skipped that important step.

1 Answer | Asked in Child Support for Georgia on

Q: Does a father have to pay child support to the mother if they live with him but she has full custody?

The kids have been living with the father for 2 years and the other still collect child support from him

Paula J. Mcgill answered on May 15, 2018

The father has to pay child support under the order until the order is modified.

He just needs to file a petition to modify child support because the child lives with him.

2 Answers | Asked in Child Support for Georgia on

Q: Regarding a child who graduates high school, can you stop paying child support or do you need a court order to do so?

I am the noncustodial parent, paying child support for 3 children. The oldest is graduating HS. Will I need to have a court order to stop paying on the oldest or can I just stop. If a court order is needed, can I file one myself or is an attorney needed?

Paula J. Mcgill answered on May 15, 2018

If the current order doesn't give an end date and a new child support amount for the remaining two children, you will have to return to court to modify the order.

You don't have to have an attorney. However, you should consider consulting with one in an hour office visit. The...
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1 Answer | Asked in Landlord - Tenant for Georgia on

Q: Can I be locked out my basement with the water heater of the home I’m renting?

I live in a home with a basement that the landlord locks me out of. But the hot water heater is there. Is that legal to keep me locked out of the basement?

Paula J. Mcgill answered on May 15, 2018

Do you rent the entire house?

Does your rent and lease include access to the basement or does it specifically exclude it?

Also, have you called code enforcement in your county or municipality to determine if you are required to have access to the water heater? Each county and...
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1 Answer | Asked in Landlord - Tenant for Georgia on

Q: Can my landlord charge me another security deposit upon renewing my lease

I am renewing my lease for the third year, the new lease stipulates that I will pay management a security deposit for "this said lease." Is the property management requesting I pay a new security deposit; paid one three years ago upon home in.

Paula J. Mcgill answered on May 14, 2018

Probably not, this is the problem with forms. You should tell your landlord to modify that section to state you already paid the security deposit and it will be applied to this new lease.

I am happy to see that you in fact read your lease. In my experience 95% of people would simply sign...
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