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Questions Answered by Gina Anne Smalley
2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Is it required that guardian ad literm is to proved report to both parents of their recommendation in georgia?

Guardian ad litern told judge the parents did not have money for report however they both paid for court fees with money available

Gina Anne Smalley
Gina Anne Smalley answered on Oct 20, 2021

Yes and No. The rules require a Guardian ad Litem to sumibt a written report "unless otherwise directed by the appointing judge." Often, a good guardian will spend several hours on a written report, and they can be costly. If either side insists on a report, it will likely we... Read more »

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3 Answers | Asked in Family Law for Georgia on
Q: Bf baby mother strips away his rights to see their 7 month old when she is mad at him ..What can he do ?

Every time my boyfriend's baby mother gets mad at him she doesn't let him see his son, she controls everything and he doesn't know what to do because he feels like he has no choice or control even though it's his child as well

Gina Anne Smalley
Gina Anne Smalley answered on Oct 19, 2021

Your boyfriend should file a legitimization action. He will then be able to get court ordered parenting time and/or custody.

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2 Answers | Asked in Family Law for Georgia on
Q: Every time my sons mom gets mad she strips away my rights to see him, what can I do?

I have a girlfriend and she doesn't like that I am with somebody else, I've never brought my son around her and she is no danger to him, but every time my sons mom get mad she says I can't see my son and I don't know what to do about it I feel like I have no control over the... Read more »

Gina Anne Smalley
Gina Anne Smalley answered on Oct 20, 2021

Probably. It depends on your existing legal relationship with your son. If your son was born and you were not married to his mother, then in order to get rights to him, you will need to file a petition with the courts. You can petiton for legal rights and visitation/custody in the same petition.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: My grandson 16 in November has been living in a terrible relationship with his mother. He wants a emancipation.

He ran away last year because his mother is on drugs. We went to Juvenile court and they made him go back home. They did require counseling But mother has refused and said she did not need it. This child has beg for help he is failing in school. I feel that he is a slave he is not allowed to even... Read more »

Gina Anne Smalley
Gina Anne Smalley answered on Jun 8, 2021

You and/or your grandson have options. Without more information, it is hard to answer whether or not he is entitled to emancipation. You may also have grandparent custodial rights. You should seek out a lawyer knowledgable in these areas.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my ex move with kids out of states, if I’m not okay with it.

She said she had to move due to not being able to afford the rent in the area that we live in and could get some help from family if she moved out of state.

Gina Anne Smalley
Gina Anne Smalley answered on May 27, 2021

She doesn't need your permission to move, but you have potential remedies to keep the children here. You should contact an attorney to discuss your options.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Do I have a case under the equitable caregiver statute?

I have no biological ties to a child that I have cared for since her birth 11 years ago. Her mother has decided that she wants to remove her from my life? Do I have a case for visitation if I have proof that I have been providing care for all these years?

Gina Anne Smalley
Gina Anne Smalley answered on Apr 30, 2021

Probably. My specific answer will depend on several circumstances unique to your situation. My office has several equitable caregiver cases and can help guide you. Please feel free to reach out for a consult. 770-794-4460.

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