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Questions Answered by V. Joy Edwards
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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2 Answers | Asked in Child Custody for Georgia on
Q: How long after a final order is issued do you have to file an amendment on final order after judgement on attorneys fee

Attorneys fees judgement issued on 2/9/21.

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

What do you mean by amendment? Are you trying to appeal the attorneys fee portion? If so, usually you have to file a Notice of Appeal. The time depends on the type of case it is. If you’re asking for reconsideration or to set aside, we recommend 30 days.

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3 Answers | Asked in Child Custody for Georgia on
Q: Which district do the children go to school? Mom with primary custody or dad with educational tie breaker?

Parents live in different counties. How far can mom move from dad’s residence without it being considered a hardship for the children? Where can the law be found by county that the children go to school in the district of the parent with primary custody

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

Wow! That’s a tough situation. Children usually go where the primary custodial parent is districted for. Moving out of district will be considered on a case by case basis.

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3 Answers | Asked in Child Support and Family Law for Georgia on
Q: Can a part time job be consider a increase of income for the NCP. Will this be included in a child support modification?

Can a IDO apply to two different employers at the same time?

V. Joy Edwards
V. Joy Edwards answered on Feb 26, 2021

Yes and yes. The Court can consider all sources of income in determining child support.

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2 Answers | Asked in Divorce for Georgia on
Q: My wife is mourning a divorce because I'm on prescription medication that I've been on for 20 years her we only 2 yes ma

We've only been married for two years and we've got a 1 year old daughter

V. Joy Edwards
V. Joy Edwards answered on Feb 20, 2021

I'm sorry to hear that. It sounds like you'll be looking at issues concerning custody. Since it's not a long term marriage asset and debt division should not be difficult to deal with. Do your medications cause any issues with your parenting?

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: I am currently divorcing in GA, initially this started as a pro se uncontested case but we can’t agree on one issue.

My husband has spent the last 2 years living separately from me at a rehab facility that is faith based. He lives and breathes this place, however some situations have occurred and the lack of structure, control and a system in general to confirm the sobriety of these individuals, their criminal... Read more »

V. Joy Edwards
V. Joy Edwards answered on Feb 19, 2021

I'm not sure what your actual question is. Is it will he be able to take the child to his facility outings? If so, it depends on if it is an appropriate environment for the child, and it sounds as if it is not.

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1 Answer | Asked in Child Custody for Georgia on
Q: Can a grandmother get permanent custody if mother still in picture
V. Joy Edwards
V. Joy Edwards answered on Feb 13, 2021

Yes but it depends on how involved the grandmother is and if it is better for the child to be in the grandmother’s custody. Call us and we would be happy to assist.

1 Answer | Asked in Child Support for Georgia on
Q: Will court require you to pay back child support for a child you had no knowledge about?

My kids’ dad found out he had an 11yr old son 2 years ago. He was told that he was not the father at first. That someone else was and he even has the other guys name. February 2019 was when he found out the truth. He is now 13 and he’s been giving his mother money since then. He also gives her... Read more »

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

He will not have to pay "back" child support but the mother can ask for expenses of child rearing until there is an Order in place for child support. We would be happy to assist in getting the case situated to minimize his exposure. More importantly, we need to get his child legitimized... Read more »

2 Answers | Asked in Family Law and Contracts for Georgia on
Q: If hubby and wife buy a house while they are married and he signs a paper that says if we ever get a divorce wife keeps

The House will that be legit and stand in court for wife to keep the house? Will the paperwork need to be notarized for the court to consider it? Will it even be considered or granted?

V. Joy Edwards
V. Joy Edwards answered on Feb 6, 2021

Probably not. There are issues with authenticity that would need to be considered, along with basic contract law issues. For the court up even consider it would need to be notarized and witnessed.

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