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Questions Answered by V. Joy Edwards
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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2 Answers | Asked in Family Law for Georgia on
Q: Can my ex-wife file a Petition for the name change of our two children without notice or personal service upon me?

While doing some research on an Aggravated Stalking and Harassing Communications against her I ran across court records that show she filed a Petition for name change and instead of listing me as their natural father she put down "ex parte" as a defendant. I tried to e-file Objections but... Read more »

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

No you are not correct. The court is under no obligation to pay attention to a letter. You must file a verified pleading.

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1 Answer | Asked in Child Custody and International Law for Georgia on
Q: Is a primary custodian able to keep a child in the US when the non-custodial parent moves out of the country?

There is a parenting plan in place that says the child cannot internationally travel without both parent's permission. The non-custodial parent recently gave up joint custody to move out of the country and wants the child to be able to travel to Europe. The custodial parent is aware of the... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 23, 2021

If your paperwork says both parents have to agree and one parent does not, then the child should not travel outside of the country

3 Answers | Asked in Divorce for Georgia on
Q: Is it legal for a husbands girl friend sell wife's personal property from said home and divorce not complete

Not divorced yet in progress husband has live in girlfriend and husband has never given personal property to wife since wife was locked out of the house

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

Most cases are issued a standing order when the divorce is filed. Was that done when your divorce was filed? The standing order often prohibits the disposition of assets. You need to speak with an attorney to help get your property protected.

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3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I am Pro Se and would like a continuance to withdrawal from the final hearing via zoom. I want an in-person hearing.

How do I make this request being Pro Se?

V. Joy Edwards
V. Joy Edwards answered on Mar 17, 2021

You should file a Motion with the Court, making sure to give your reasons for why you are requesting the hearing be in person rather than virtually, like lack of appropriate technology, connectivity issues etc.

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3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: I want to know how I can get a protective order against my husband in the future if i want to leave him?

He has had a previous DV arrest in the past. If i tell him i am leaving the home with my child before i file a divorce - what can i do to make sure he does not retaliate - if he is verbally abusive not physically. I have proof of his past arrest though his record was expunged. Also proof he made a... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 15, 2021

Wow! There is quite a bit going on. You may be able to get a protective order if you believe he is a threat to you but the court usually looks for recent acts, in addition to past acts of violence. So it would depend on how far out the last instances of abuse were. The protective order would have... Read more »

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2 Answers | Asked in Divorce for Georgia on
Q: When a couple has been married 37 years and now separated. Does the husband still have to support the wife?
V. Joy Edwards
V. Joy Edwards answered on Mar 14, 2021

It depends. If the husband has been the main source of financial support and the wife is dependent on the husband for support, he may very well be obligated to continue to support the wife. The Court will also look at if the husband has the ABILITY to continue supporting the wife.

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