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Questions Answered by V. Joy Edwards
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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1 Answer | Asked in Family Law for Georgia on
Q: My 16 year old daughter does not want to attend her fathers visitation every other weekend? Does she have a choice?

Visitation was arranged when she was a toddler. Her father has moved an hour away and her friends are here, sports, and school functions. Her father is behind on child support and has been found in contempt of court twice, currently if he doesn't pay a substantial fee by May 7th he will have a... Read more »

V. Joy Edwards
V. Joy Edwards answered on May 3, 2021

IT really depends on the Judge. Some Judges insist but most Judges understand that at 16 you cannot force a child to go on visitation. That being said, many people think that the law of the child being able to "chose" applies but it only applies to custody. You really need to speak with... Read more »

1 Answer | Asked in Adoption for Georgia on
Q: I am a teacher in GA. I want to adopt a student. How can I get the "father" to sign over custody?

Dad supposedly had DNA test done and is not the real father. Mother is out of the picture. Dad has been basically trying to get DFCS to take him for years now. But for some reason Dad told the judge on Monday he would keep him for now. This child has some major childhood trauma and Dad keeps... Read more »

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

That sounds like a terrible situation for the child. It sounds like your case may be in juvenile Court. We would need more information to be able to assist you in moving forward. If the father won't surrender his rights, you may have grounds to ask the Court to terminate his parental rights.... Read more »

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If the grandparents have temporary guardianship of my child, can they keep me from seeing/spending time with my child?
V. Joy Edwards
V. Joy Edwards answered on Apr 3, 2021

They may be able to if the guardianship paperwork does not make provisions for you to spend time with the child. Oftentimes, the guardianship gives the guardian full control over the child. It’s likely that you will have to file with the court to amend the guardianship to grant you parenting... Read more »

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2 Answers | Asked in Divorce for Georgia on
Q: Separated and the lease is coming to end. Do I have to continue to provide a residence?

Separated for at least 2 years and I have been living in another state. (TX) She lives in Georgia under a lease in my name only that I have been paying for alone which is about to end. Do I have to continue to provide residence if we’re getting a divorce?

No one has filed for divorce... Read more »

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

Unless you are Court ordered to do it, you usually do not. We would need more information to be able to answer definitively. Has the divorce already been file?

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How likely is it that my bestfriend could get custody of his daughter, if need be?

My bestfriend left his child's mother 3 months ago, and she's threatening him saying that if he doesn't act right in this next month, her and their daughter won't be a part of his life. He has a stable job as a store manager, spends time with his daughter, isn't abusive or... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 29, 2021

Wow. That sounds like a tough position for your friend. If he is taking an active role in his child’s life, it is likely that the court will consider giving him parenting time reflective of his involvement.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can my ex withhold temporary court ordered child visitation if I am in violation of one clause in the parenting plan?

We currently have 50/50 custody until we had to go for the final hearing. He has final say if an agreement can't be met.

V. Joy Edwards
V. Joy Edwards answered on Mar 28, 2021

The short answer is only the Judge can change the terms of the parenting plan. However, if there are concerns with the children being in an unsafe situation, the Court may excuse the other party’s failure to follow the parenting plan. It’s difficult to say without knowing the complete... Read more »

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