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Questions Answered by V. Joy Edwards
2 Answers | Asked in Divorce for Georgia on
Q: Is it possible to keep the house in a Georgia divorce if my spouse wants to sell?

I’ve been married 20 yrs. Both worked full time with 2 kids. He makes approx $60k more per yr than I do. He has a car through his employer so has no payment, insurance, gas or maintenance. He also has a free mobile & home internet. He travels 100+ days a yr to luxury destinations on co cc. I... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 24, 2022

I'm so sorry to hear that. It sounds like you have done all you can to maintain stability for your children and that is being threatened. It is likely that you can make an argument to keep the HOUSE but it is highly unlikely that the Court will let you keep all the equity. You should consult... Read more »

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I'm primary custody parent&the mother has taken child out of state to Georgia to keep without my knowledge. Advice?

I'm coming to Georgia in 2days. She was to watch our son at his Grandmother's in Florida while I had surgery in Miami. His Mom came to Florida, took our son to GA., and when I asked for our son back she told me to leave him alone she's keeping him for good. The child lives with me... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 22, 2022

Wow! That sound like a terrible situation for your son. He must be so confused not knowing what is going on. If you have a Court Order that you have custody, it sounds like contempt may be in order. You should consult with an attorney to assist you in getting your son back as the Court Order... Read more »

2 Answers | Asked in Child Support and Divorce for Georgia on
Q: My husband wants too file a divorce but not include the children

He wants me too say that we have no minor children in order to get divorced sooner

V. Joy Edwards
V. Joy Edwards answered on Jan 9, 2022

When you file any documents with the court you have to sign a verification saying it is true and correct. If you are later found out to have knowingly lied to the Court you can be charged with committing purgery, which can carry jail time. You should speak with an attorney to make sure you are... Read more »

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2 Answers | Asked in Divorce for Georgia on
Q: if the judge over a divorce case was prev firm partners with the other parties attorney, is that a conflict of interest?
V. Joy Edwards
V. Joy Edwards answered on Nov 4, 2021

It MAY be. Many times the Judge would recuse him or herself to avoid the optics of a conflict but it may not be. Consult with an attorney for more detailed advice.

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3 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: In the state of Georgia, does the husband get better treatment if the wife files for divorce?

My estranged husband stated I should be the one to file divorce even though I didn't want a divorce, because if he files I'd be entitled to more support from him or something. Is this true?

V. Joy Edwards
V. Joy Edwards answered on Nov 7, 2021

This is false. Consult with experienced legal counsel to discuss the best course of action for your INDIVIDUAL case.

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2 Answers | Asked in Child Custody for Georgia on
Q: In Georgia. Custody court. Non married. Do I have to pay the opposing attorney fees
V. Joy Edwards
V. Joy Edwards answered on Nov 1, 2021

It depends. It is not automatic that you would have to, but there are factors that may lead to that result. Consult with an attorney to get more info.

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1 Answer | Asked in Child Custody for Georgia on
Q: Any way for a father to get custody of his son back after signing away his rights as he was battling cancer?

Father was battling cancer and going through chemo and his ex convinced him that his son would be better off without him because he had no family support and no way of working to earn money and he felt hopeless and like he wasn’t going to make it anyways. He beat cancer and is now married with 2... Read more »

V. Joy Edwards
V. Joy Edwards answered on Nov 1, 2021

Wow! That sounds like a tough situation. There is possibly a path to the father regaining custody. It sounds like a modification of parenting time action is the best route to go. The father should consult with an attorney to discuss how to best navigate the system to get time back with his son.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What is the time frame for other parent to oppose relocation? Is it also 30 days or is there no timeframe required.
V. Joy Edwards
V. Joy Edwards answered on Oct 10, 2021

There is no time frame required. You should contact an attorney to discuss your options as relocation MAY lead to a change of custody.

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1 Answer | Asked in Child Custody for Georgia on
Q: My state is GA. My fraternal grandchildren were taken from the mothers custody and since it has been 10 yrs since I have

Seen them dfcs wants a list of medications? Is that leagal

V. Joy Edwards
V. Joy Edwards answered on Sep 22, 2021

How do you even have a list of their medications if you have not seen these children for 10 years?

2 Answers | Asked in Domestic Violence for Georgia on
Q: What happens if a defendant doesn't show up for a restraining order hearing?
V. Joy Edwards
V. Joy Edwards answered on Sep 20, 2021

If you can make your case - which you should be able to if the other side does not show up - you will get the one year TPO.

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3 Answers | Asked in Divorce for Georgia on
Q: Ex broke 3 written agreement regarding parenting time and per the final order written agreements via email are

binding and contemptible. With that track record I said because he’s broken 3 written agreements that I can understand that we will also not keep a 4th agreement. The 4th agreement was made at his request and now demands I honor this request even though he did not keep the previous three. I could... Read more »

V. Joy Edwards
V. Joy Edwards answered on Sep 2, 2021

If the "agreement" become a Court Order, you can file a contempt if it is not being followed, or has not been followed. It sounds like he is in contempt so seek the assistance of the Court. Don't wait for him to tell the Court you are in contempt before you tell the the Court he WAS... Read more »

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3 Answers | Asked in Child Custody for Georgia on
Q: What does it mean when the standing order states neither party can willfully take the child out of the jurisdiction?

I divorced my ex husband, and I am primary custodial parent. Our divorce is in GA. In our papers, it says neither party can take the child more than 100 miles outside of the county without giving the other party notice and providing contact info. (Visits, vacation, etc…) I’ve been traveling... Read more »

V. Joy Edwards
V. Joy Edwards answered on Aug 31, 2021

You should still be able spend time with you new husband in AL. With situations like yours, we generally file a Motion to modify the standing order so it's clear that you are not in violation. Your situation sounds complex enough that you should not be trying to proceed without legal representation.

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2 Answers | Asked in Child Support for Georgia on
Q: How do I get my child support order lowered due to loss of job and medical issues?

My divorce was in lumpkin co. Georgia a decree was entered December 9 2019

V. Joy Edwards
V. Joy Edwards answered on Aug 10, 2021

If you have had a change of income, you can Petition the Court for a modification of child support. It would need to be filed in the Count of the Defendant's residence.

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3 Answers | Asked in Divorce for Georgia on
Q: My husband and I been married 5 years he cheated could I get alimony
V. Joy Edwards
V. Joy Edwards answered on Jul 16, 2021

Adultery is just one of the factors the Court can consider when determining if Alimony is appropriate. Consult with an attorney to discuss the entire situation to get a clearer picture on if alimony is appropriate.

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3 Answers | Asked in Family Law for Georgia on
Q: Can I get my kids back and force a court to intervene before mother get them back

not married to the mom, but kids went to mom's parents and they took kids over to mom who want to get them back but they have been living with me for 4 years with 2 previous years with mom but the other 8 years before that they lived with me. ages 6, 10, 13, and 14 years old. I am on birth... Read more »

V. Joy Edwards
V. Joy Edwards answered on Jul 8, 2021

You must file a legitimation action before the Court will award you custody. Is there a Court order giving the grandparents any kind of custodial rights or prohibiting the mother from having contact with the children? You should consult with an attorney to discuss your case and come up with the... Read more »

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4 Answers | Asked in Divorce for Georgia on
Q: Which county do I file for divorce?

He went on the run 2 years ago and I haven't heard from him since. I just got confirmation that he is in Cobb county jail. Last known address was mines in Gwinnett but he gave his family address in Rockdale at the jail. All are 3 different countys in Georgia. Also can he be served in jail?

V. Joy Edwards
V. Joy Edwards answered on Jun 18, 2021

Yes he can be served in jail. Since he's just in jail, not prison, that's usually not the last know residence. Gwinnett may be the better place for correct venue. You should consult with an attorney on how to best move your case forward.

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1 Answer | Asked in Child Custody for Georgia on
Q: If I have Guardianship of a child can I take custody of it if the parents not doing what they’re supposed to be doing
V. Joy Edwards
V. Joy Edwards answered on May 19, 2021

Yes you can certainly request that you have custody of the child for whom you currently have guardianship. We are happy to assist with the legal proceeding.

3 Answers | Asked in Family Law and Constitutional Law for Georgia on
Q: In the state of Georgia- can grandparents sue or file for grandparent visitation?
V. Joy Edwards
V. Joy Edwards answered on May 18, 2021

Yes. It usually requires some intricacies and it is best to have an attorney assist you with this action.

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Will changing a child’s name that I don’t have a relationship with to his step fathers last name put me on child support

A child that is presumed mine from when I was 14 that I have no relationship with mother and stepfather are moving to another country she has consented to change his last name to theirs but wants me to petition the court since she will be moving soon will this put me on child support we have a... Read more »

V. Joy Edwards
V. Joy Edwards answered on May 18, 2021

Is the mother asking you to legitimize the child? Is she asking you to consent to the name change? Usually the person wanting the thing done is the person who would be filing the paperwork with the Court. We would be happy to discuss the issue further with you.

2 Answers | Asked in Family Law, Civil Litigation and Domestic Violence for Georgia on
Q: What do I do if I can't find a lawyer to represent me in a Emergency TPO on Monday 17th that my dad filed on the 3rd?

I have been calling to get advice and to get representation from a lawyer and no one is available with this short of time? I work with my dad coaching gymnastics and haven't been able to coach my kids since the 3rd of May? My Team parents have been calling and texting as well as the kids and I... Read more »

V. Joy Edwards
V. Joy Edwards answered on May 14, 2021

I’m so sorry to hear about your situation. What county is your case in? You may have to ask for a continuance. I’m happy to discuss the situation with you and see if we can assist at the hearing on Monday.

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