Questions Answered by Paula J. Mcgill

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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Q: Can a property manager file eviction if your lease has ended? Shouldn't there only be a late fee?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Jul 19, 2016

It all depends on your lease and whether you paid rent for the new month. If your lease automatically renews to month to month or longer if nobody terminates the agreement, you have to continue to pay rent in accordance with the lease. If you do not, the landlord can file a dispossessory.

If the landlord gave you a proper nonrenewal notice and you continue to remain on the premises, a dispossessory can be filed to remove you from the property.
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Q: Can the courts in Ga make childs father spend time with her for example get her every weekend?

1 Answer | Asked in Child Custody for Georgia on
Answered on Jul 16, 2016

You can file a petition for child support without having him obtain visitation. Courts normally don't order visitation time unless the noncustodial parent requests it.
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Q: ex has my children for summer visitation,he said he doesnt have to pay child support while they are with him? Yes or no?

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Answered on Jul 16, 2016

Unless the court relieved him from paying child support in the order, he has to continue to pay. As a result, if he refuses to pay, file a motion for contempt.
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Q: Can a Georgia landlord request more money after retaining security deposit for repainting walls?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Jul 16, 2016

When did the landlord request more money, after you left the premises, or before?
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Q: My question is can a tenant in GA unilaterally withhold rent in liu of delay in AC repair?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Jul 16, 2016

In Georgia, a tenant takes a significant risk by withholding rent. Also, he hurt his case by refusing to buy an a/c and deduct it from the rent.

When you file a dispossessory, he can file a countersuit. At the hearing, the judge may decrease the rent for the month he did not not have a/c. The safest thing he could have done was to pay the rent and then sue for the decreased value of the lease. Nevertheless, the court has the descretion to reduce the rent, give you the judgment...
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Q: How can you find out if your husband divorced you without your consent

1 Answer | Asked in Divorce for New York on
Answered on Jul 14, 2016

If he couldn't find you, he would have probably filed in the county where he resides. Check with the Supreme Court in the county where he resides.
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Q: Hi. what should i do if lawyer is not responding to my calls?

1 Answer | Asked in Lemon Law for New York on
Answered on Jul 14, 2016

You can always write him, lay out what happened and advise him, if he cannot explain everything that happened and why he has not returned your calls, you will file a complaint against him with the NY Court. I cannot provide a direct link for you to click. However, I have provided a link you can cut and paste to get the information from the NY Court system.

https://www.nycourts.gov/courts/ad2/attorneymatters_ComplaintAboutaLawyer.shtml#_How_to_File
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Q: Do I have any rights when it comes to a used car I purchased that turned out to be a lemon?

1 Answer | Asked in Consumer Law and Lemon Law for Maryland on
Answered on Jul 14, 2016

You didn't state the year or mileage on the car.

You should read the Maryland Attorney General website to see if your car comes within the lemon law protection. You can cut an paste the link below. https://www.oag.state.md.us/consumer/lemon.htm

Next, if your car does not fall under the Maryland lemon law, did you get a warranty on the car? If not, it is very unlikely you have any rights.

You drove the car for eight months, and you could have obtained the carfax...
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Q: I am 16 in the state of Georgia and my father served my mother with papers stating he wants custody. do I have a say so?

1 Answer | Asked in Child Custody for Georgia on
Answered on Jul 14, 2016

Yes, talk to the parent who you want to stay with about filing an affidavit with his or her petition or response.
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Q: Wife submitted a paper saying her new address is in california. She filled divorce in atlanta Georgia.

1 Answer | Asked in Child Custody, Divorce and Family Law for Georgia on
Answered on Jul 14, 2016

States usually have a residency requirement of 6 months to a year. You should check with a California attorney on that issue.

The larger and more important issue is her possible violation of Clayton County's standing order. I assume she filed in your county. It doesn't matter, because it is a statewide prohibitation.

More specifically, if the divorce was filed in Georgia and the case is still open, she is prohibited from taking the children out of the jurisidiction without...
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Q: Can my children's Father take me to court for custody rights?

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Jul 14, 2016

Yes, he can seek to legitimate the children, if he hasn't already and obtain custody. Of course, you can fight it in court with evidence of what you described above. If you can prove those allegations, it is unlikely the judge will grant his request for custody.

Nevertheless, regardless of how you feel about his poor parenting skills, if he chooses to take you to court for custody, you have to put on a defense with witneeses and evidence if you intend to win. It would also be worth...
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Q: If i file for full custody and they can not serve the father the papers what happens

1 Answer | Asked in Family Law for Maryland on
Answered on Oct 13, 2015

Hire a private process server to track him down. If he still cannot be served, hire a lawyer or learn the steps on how to obtain approval to serve him by publication.

Also, if he is under court order to pay child support, but he doesn't pay, file a contempt action against him.
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Q: Can I file for divorce citing adultery if I'm the one that committed adultery in order to expedite the divorce?

1 Answer | Asked in Divorce for Maryland on
Answered on Oct 13, 2015

No, otherwise, divorces would be too easy. Of course, if you are truly desperate, give the evidence to your spouse, with the person's name, location, times, witnesses, etc. The spouse can file, and in your answer, you can admit to it.

However, this would seriously harm your case in other aspects, including property division. Check with a local attorney in an office visit to see if there are other grounds for a limited or absolute divorce.
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Q: Can an employment lawyer assist me?

1 Answer | Asked in Employment Law for Georgia on
Answered on Oct 13, 2015

I would make a copy of all correspondence and checks, return everything to the person of origin with a cover letter. Send the packet by certified mail, return receipt. If checks and correspondence continue to arrive, contact an employment lawyer.

This simply doesn't sound like the actions of a responsible company. So, you have to protect yourself.
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Q: My ex wife went and modify the child support without my knowledge, the thing Is she had willing lie about my Income.

1 Answer | Asked in Divorce for Georgia on
Answered on Oct 13, 2015

Have you completed the financial affidavit and Georgia Child Support Calculator? If not, you should do so and be prepared for the hearing. Also, if you can afford one, hire a lawyer. If one side had a lawyer, A fairer outcome is more likely when the other side also has a lawyer.
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Q: If a landlord gets an eviction notice approved by the court, how long does the tenant generally have to vacate?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Oct 13, 2015

The judge usually tells all parties at the beginning of the calendar call that if you lose you have seven days to vacate before a writ can be issued. Once the writ is issued, the landlord can schedule the marshals to come out at any time. It's safer to move out before the seven days are up. You don't want your personal items thrown out on the lawn or sidewalk for scavengers to pick through.
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