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Questions Answered by V. Joy Edwards
1 Answer | Asked in Child Support for Georgia on
Q: Is the non-custodial parent still responsible for child support if he or she remarries the same person?

My sister divorced her husband for the first time in 1998. He was ordered to pay child support and never did. They remarried each other July 2020. However, they recently divorced again. (October 2020) Is he still responsible for the child support from the first divorce?

V. Joy Edwards
V. Joy Edwards answered on Oct 20, 2020

Technically, yes he is. However, we would need to find out why it wasn't handled in the most recent divorce. Have your sister call us to schedule a consultation so we can review the specifics of her case and formulate a plan to move forward.

3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: As a grandparent I have permanent guardianship over my 2 young grandchildren ages 6 and 8.

Can their father who has not legitimized either child take us back to court to modify the guardianship order because he misses his kids and demands we let him take them for overnight stays 4 hours away? Mind you he is a drug user and states he has been “sober” for 10 months of which we cannot... Read more »

V. Joy Edwards
V. Joy Edwards answered on Oct 18, 2020

You are within your rights to deny visitation that is not court ordered. He may take you back to court to try to get an order giving him visitation. I would advise that you contact us to schedule a consult so you can be prepared if this does happen.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Where do I file a motion asking for a GAL to be appointed into a custody case?
V. Joy Edwards
V. Joy Edwards answered on Oct 13, 2020

You would file it in the case that is pending. If there is no case pending, you need to contact an attorney to assist you with getting the relevant legal advice to move forward. You can call us to schedule an appointment for a consultation. We are happy to help.

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2 Answers | Asked in Child Custody for Georgia on
Q: The petitioner sent a picture of The Rule Nisi but has not officially had me served, Will there still be a court date?

The Petitioner does not have my home address

V. Joy Edwards
V. Joy Edwards answered on Oct 11, 2020

Yes there will still be a Court date. But whether or not you will be expected to appear depends on if you were legally served with the action. We would be happy to discuss your situation further. Contact the office to schedule a consultation.

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2 Answers | Asked in Child Custody for Georgia on
Q: Do you have to be served A Rule Nisi?
V. Joy Edwards
V. Joy Edwards answered on Oct 11, 2020

It depends on if you filed an Answer to the Petition. If you did, yes. If you didn't no.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: My ex husband’s parenting time is this weekend and he is declining to have the kids. Is he required to pay for that?

He should have the kids for this weekend. He only has them per our parenting plan two weekends per month. He said he cannot have them this weekend. Does he have to pay me additional child support for these two days that he is refusing? If so, how do I enforce that?

V. Joy Edwards
V. Joy Edwards answered on Oct 9, 2020

He does not. You could file a modification and ask for more child support if he consistently does not exercise his parenting time. Contact us to schedule a consultation if you would like to discuss your options further.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My ex and I agree that our daughter can move out of the country to live with me, do we still need to file a move away?
V. Joy Edwards
V. Joy Edwards answered on Sep 24, 2020

Yes. It is advisable that you get an attorney to make sure the proper paperwork is prepared.

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2 Answers | Asked in Family Law for Georgia on
Q: I am divorced my ex and I have joint custody and he is not keeping to the agreement what can I do.
V. Joy Edwards
V. Joy Edwards answered on Sep 24, 2020

You can file a contempt. Contact us to assist you and ensure you get the best results possible.

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3 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My Wife is wanting to get full custody of her son from her Ex-husband. We can't afford a lawyer. Can it still be done?

Ex-husband has primary custody in a joint custody arrangement. He and the son live in Louisiana. She was to have sole custody before it was finalized. She let her son (5 or 6 at the time) spend a few months with Ex. He changed the papers and refused to bring son back because he didn't want to... Read more »

V. Joy Edwards
V. Joy Edwards answered on Sep 22, 2020

It will be difficult without an attorney. Also since her ex and son live in LA, that’s where the case will be filed and she most likely will need to get an attorney there.

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2 Answers | Asked in Child Custody for Georgia on
Q: Hi, in 2016 I was arrested and sentenced to prison. While incarcerated the father decides to fight and won custody of

our child. I got out April of this year and he's now wanting to return custody. How do I go about doing this?

V. Joy Edwards
V. Joy Edwards answered on Sep 18, 2020

A modification of custody would need to be filed. If he's agreeing, we would be able to do it by consent. To ensure it is done correctly, you should hire an attorney to properly prepare the paperwork. Feel free to call us at 770-723-7211 to assist you.

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3 Answers | Asked in Family Law for Georgia on
Q: Can you serve a defendants attorney their court papers instead of the defendant in SC regarding visitation?

I served the attorney of my Child's mother paperwork in lieu of them since she asked me to send it her.I used public safety to deliver it,was that legal?

V. Joy Edwards
V. Joy Edwards answered on Sep 12, 2020

Only if the attorney consent to accept service.

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2 Answers | Asked in Child Support for Georgia on
Q: Hi. I have a question about an order that was in place in until 2006 or 2007 that halted After terminal cancer diagnosis

He wasnt expected to live past a year and never willingly paid CS anyway. Losing his license, jail time, garnished wages etc. surmounted in arrears. Well, he recovered miraculously and has been in remission since, and ended up in prison after drug addiction turned to crime. Now he has a good job,... Read more »

V. Joy Edwards
V. Joy Edwards answered on Sep 10, 2020

Yes! It can be collected. Call us - 770-723-7211 - and we can schedule a consultation to get more information and go through your options.

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2 Answers | Asked in Divorce and Arbitration / Mediation Law for Georgia on
Q: I have been married for 34 yrs. My husband had a mistress for 30 of those yrs.do I stand to gain more?

yes my way of life was changed overnite when we separated. His way of control. Thinking I wld ask him back. Has caused me 3 yrs of therapy etc.

V. Joy Edwards
V. Joy Edwards answered on Sep 10, 2020

If the cause of the separation was adultery, we can ask for more than 50% of the assets. If you were/are dependent on him for income, then alimony etc. would definitely be a consideration. We can discuss your options and best course of action when we get more details. Please call the office -... Read more »

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3 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a judge in Ga honor any agreement my soon to be ex and I agreed on and write it out on the divorce paper?

My soon to be ex agrees to pay more amount of child support than what Ga child support calculator indicates and longer terms (beyond age 18 of our children) in exchange of splitting his retirement pension. My question is can judge honor what we agreed on the child support terms and make it final on... Read more »

V. Joy Edwards
V. Joy Edwards answered on Sep 10, 2020

It is likely that the Judge will honor it BUT you really should retain an attorney to help with this to ensure its enforceability. We would be happy to help. Fell free to call our office at 770-723-7211 - and we can schedule a time for a consultation to discuss your options and the best course of... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: Can a parent with an open CPS case give custody to a grandparent through the courts, if they are unable to reach CPS?

I have a 10 month old granddaughter in which my son's ex girlfriend is wanting to give me temporary custody of. She has an open CPS case and we are having no luck reaching them and the situation needs to be handle asap. CPS took 6 days to call me back the last time we had an issue concerning... Read more »

V. Joy Edwards
V. Joy Edwards answered on Sep 6, 2020

She may be able to if the child is not already in CPS custody. If the child is already in CPS custody it may be more difficult, but still achievable. Contact is and we can discuss the situation further to see how we can be of assistance.

V. Joy Edwards

770-723-7211

Edwards@edwards-lawgroup.com

2 Answers | Asked in Family Law and Adoption for Georgia on
Q: Hello I'm trying to get my daughter's last name changed to my husband's last name

My daughter has my last name her biological father never signed the birth certificate however we did go to court for child support and for him to have visitation rights, with him not signing the birth certificate would I need his permission to have her name hyphenated? (She'll be 11 this year)

V. Joy Edwards
V. Joy Edwards answered on Sep 2, 2020

Yes

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2 Answers | Asked in Child Support for Georgia on
Q: Non custodial parent is asking back over paid child support from custodial parent can they do that?

The child is 18 and graduated in may of 2020 the noncustodial father wants child support paid back for june 1 2020 till now. Can he do that and does the custodial mother have to pay it back

V. Joy Edwards
V. Joy Edwards answered on Sep 1, 2020

It depends. If there is another child and the child support obligation was not automatically terminated then there is no modification of the amount until the Court says so.

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My grandfather’s will (1993) left his tractor to his son-in-law he got a new tractor in 1996 who can get tractor?

Is the new tractor part of the will even though it was bought after the Will was made? The older tractor was sold many years ago. The will just says tractor and has no identification number or make and model.

V. Joy Edwards
V. Joy Edwards answered on Aug 30, 2020

The tractor would go the the son-in-law.

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4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can I ask for a modification of parental visitation if it isn't being used?

My ex husband does not use his time to see our daughter. He has not seen her in 2 months and before that 3 months. He is supposed to get her every other weekend. Is there something I can do to modify the visitation since he isn't using it? And he only calls once a month when our papers say he... Read more »

V. Joy Edwards
V. Joy Edwards answered on Aug 10, 2020

Yes you can, depending on the circumstances. Call us to schedule an appointment to assist you further.

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2 Answers | Asked in Child Custody for Georgia on
Q: My granddaughters mother is wanting to sign custody over to me How do we go about her giving me full custody?

My son is on meth and in and out of jail constantly. The mother is currently homeless but also has severe mental issues (I also believe my son does also). The child has been drug from one home to another and subject to the constant fighting of the parents

V. Joy Edwards
V. Joy Edwards answered on Aug 9, 2020

We can do a consent custody order in superior court. We are happy to assist. Call us to schedule an appointment. 770-723-7211

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