Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by V. Joy Edwards
2 Answers | Asked in Child Support and Family Law for Georgia on
Q: Can I stop CS wage assignment if my arrears are up to date?
V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023

Usually the custodial parent has the right to the the income deduction order, especially if there was an arrearage at some point. So it's unlikely that you can unilaterally stop the automatic payments if you have an ongoing current child support obligation.

View More Answers

3 Answers | Asked in Divorce, Tax Law and Family Law for Georgia on
Q: In my divorce from my abusive husband I was ordered to sell my land and split the money. He has paid no taxes in 6 years

No cooperation with real estate agents from him… I have no problem selling to be done with him but he will not cooperate and sell… I cannot sell anything with both of our names on it without his signature. What do I do? What do you do when one party will not cooperate with a court order? It is... View More

V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2023

Unfortunately it sounds like it’s been 6 years since the court ordered the sale so there’s nothing you can do to ask for reconsideration at this point. You may be able to ask for reimbursement of the taxes, but there’s a possibility that the court would deny that.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Mother dies, husband is stepfather to her chldren. Does stepfather or bio father have custodial rights over children?

family lives in georgia

V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2023

The stepfather has no automatic custodial rights but MAY be able to move under certain laws to ask the court for time with the children. The bio father MAY. It depends on if the father was married to the deceased mother, and if not, whether the children were legitimized.

View More Answers

3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How do I go about withdrawing from a temporary child custody order?

CONSENT TEMPORARY ORDER ON PLAINTIFF'S PETITION FOR LEGITIMATION AND CUSTODY OF A MINOR CHILD

Does it have to go in front of the judge? Do I file a motion for this? If so, how?

V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2023

If the Judge already signed off on your temp order and you now want to change it, unless it's by agreement you likely will have to go back before the Judge. Getting Orders changed is something that most times requires the assistance of an attorney. We are happy to assist.

View More Answers

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... View More

V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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... View More

V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2021

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

View More Answers

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
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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... View More

V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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... View More

V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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... View More

V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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... View More

V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.