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Questions Answered by Eric J. Garber
1 Answer | Asked in Family Law for Georgia on
Q: Is there a right that I can refuse visitation rights to my ex-husband due to his sexual behavior and his male candidate

My ex-husband is in a relationship with another man and I really don't feel comfortable with my son around that environment. My son is only 5 years old and he knows that he is daddy's boyfriend. It is a very uncomfortable situation. What can I do?

Eric J. Garber
Eric J. Garber answered on Feb 4, 2016

In addition to Ms. Rice's answer, you may have grounds for a contempt action if your ex-husband's boyfriend has been staying overnight when the child is visiting your ex-husband IF your currently-active custody order/parenting plan prohibits overnight stays by non-family members during visitation.... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Can I fire my attorney and represent myself in an ongoing CS modification order?

I agreed to pay $1800 in CS for 2 teenage children until the youngest reaches 18. A few months after the divorce was finalized my oldest came to live with me and I continued to pay full support and did NOT put in a change in custody. He has since graduated HS, has continued to live with me for 2... Read more »

Eric J. Garber
Eric J. Garber answered on Feb 4, 2016

You can terminate your attorney's representation of you at any time, but as Ms. Rice has stated, you may end up doing more harm than good. Make sure you know the law and have your arguments prepared before you step out on your own.

1 Answer | Asked in Family Law for Georgia on
Q: Do I get back pay on child support owed to my mother while I was her dependent?

Parents were never married. They split up when I was 2. My mother had full custody and he was to pay child support. He skipped town when I was 5. Mother filed child abandonment. Mother found him 15 years later in Tennessee (mother, father and I are all from Georgia) and now she took him to court... Read more »

Eric J. Garber
Eric J. Garber answered on Feb 4, 2016

Most likely not. The money was for your benefit, but was to be given to your mother to spend on you. Basically, as a result of your father not paying child support, your mother had to pay additional funds out of her own pocket (that should have been coming out of your father's pocket, instead).... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: I would like to get legal guardianship of my niece with consent of her mother. Father can't be found. How do I do this?

I've been taken care of my niece for 3 years now with consent of the mother, my sister. She is willing to give me legal guardianship of her so that I am able to get her health coverage under my benefits. My sister is not able to care for her and has no job. The father can't be found and we only... Read more »

Eric J. Garber
Eric J. Garber answered on Feb 4, 2016

You seem to have a basic understanding of the process, but the devil is in the details. Basically, you will apply to the Juvenile Court in your area for a temporary guardianship of your niece (temporary only in the sense that it could be set aside by yourself or the biological mother/father in the... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: I pay cs on 2 children now one has opted to live with me (13 yr old) how does that effect cs payment

I have paid cs for nearly 10 yrs on both now ex wants me to be solely responsible for oldest and still pay cs on youngest (13&11 yrs old) says she doesn't have to pay because she has no job. Is that true and is it worth court process ?

Eric J. Garber
Eric J. Garber answered on Feb 4, 2016

It is most certainly worth court process. You need to formalize your custody arrangement; if you do not, the other parent can rip the child away from you at any point. As well, you need to establish the other parent's child support obligation - just because she isn't working does not mean that... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: My son turns 14 next month and has asked to come live with me.Can the mother stop it if the court can not find me unfit?

I have two children and my oldest son wishes to come live with me once he turns 14. He said he will sign the Election of a Minor affidavit since his mother doesn't agree. Can she stop him from moving if the court can not find me unfit. I have no criminal record and have been very involved in my... Read more »

Eric J. Garber
Eric J. Garber answered on Feb 4, 2016

If the child signs the acknowledgment and it is not against the child's best interests to live with you, you will most likely receive custody. The other parent can contest your request for modification of custody, but it sounds like you will be successful either way. Child support will not... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Me and my spouse are married but living separated. Can I legally take my daughter and not return her to her mother?

I have called CPS and they are doing nothing to help me remove my daughter from a very bad living situation.

Eric J. Garber
Eric J. Garber answered on Feb 4, 2016

It depends on whether a formal custody order has been entered. If a custody order has been entered, you must abide by the terms of said custody order; if you want to change that custody order (so that you would have primary custody of the child), you will need to file an action to change the... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can a non-custodial parent be court-ordered to seek employment?

We are in Georgia....and so is he.

Eric J. Garber
Eric J. Garber answered on Feb 4, 2016

No, but the non-custodial parent can be found to have been intentionally underemployed/unemployed. Whether the non-custodial parent is intentionally underemployed/unemployed is a factual question that the Judge will have to determine, based in part upon the non-custodial parent's past/present... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: I want to give my aunt custody of my child that I have never taken care of,where should i go?She wants custody,too.

She loves her alot and I have never taken care of her,I was very young,and she wants to have her legally and feel secure,and I agree,but we don't know where to go here,or who to go to so I can give legal custody to her.

Eric J. Garber
Eric J. Garber answered on Jan 27, 2016

You can either give your Aunt a guardianship of your minor child (which is temporary in nature and can be revoked with court approval), or she can adopt your child (which is permanent in nature and not revocable). Either way, these are both complicated matters with which you should speak to an... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: If the daddy is put in jail will we still get the money from the state while he's in jail
Eric J. Garber
Eric J. Garber answered on Jan 27, 2016

Your question does not have enough information to properly answer. What "money" are you receiving? Do you mean child support? Government assistance? What is he in jail for, and how long will he be there? No matter what, you should contact an experienced family law attorney in your area to... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: What does a bio father need to do to voluntarily sign his rights over. Maternal grandfather has temporary custody

The father doesn't get to see the child nor has he seen the child since she was 2 yrs old and the maternal grandfather filed abandonment charges against the father. The grandfather has temporary custody.

Eric J. Garber
Eric J. Garber answered on Jan 27, 2016

When you say "sign his rights over", do you mean to terminate his rights to the minor child, or to establish a guardianship over the child. If you mean to terminate his parental rights, that is a complicated process that you should hire an experienced family law attorney to assist you with. If... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: My sons father has not paid any cs for my son in the whole 12 years of his life. Can I get back cs in Georgia?
Eric J. Garber
Eric J. Garber answered on Jan 27, 2016

It depends. Do you have a custody order established yet? If so, when was it established? If not, were you and the father married at any point? Are currently married? If you were never married, have you established that the father is the child's biological father via DNA testing? If so, when?... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My child is 2. I left my husband and filed for divorce. I have raised her alone and now he wants custody. Will he win ?

I left when she was a year old. He has never helped with her at all and because I don't want him he is angry and refused to babysit her lol but wants to take her now.

Eric J. Garber
Eric J. Garber answered on Jan 27, 2016

It all depends upon what the Court believes is in the "best interests" of the minor child. As you can imagine, there are a million different facts which can influence whether living with you or your husband is in the "best interests" of the minor child. That you have been the primary caregiver is... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: What if my wife took the children and left them with her sibling and doesn't stay with them? What can the father do?
Eric J. Garber
Eric J. Garber answered on Jan 27, 2016

It is unclear from your questions as to whether you have a formal custody order established or not as to the subject child. If you do not have a formal custody order, both you and your wife (assuming you are presently married and gave birth to the child during your marriage) have equal rights and... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: I'm divorced and my ex is 2 1/2 months late on his child support payments. What do I need to do? Visitation rights?

Is he still able to have visitation rights? Also, doesn't he suppose to notify me if he changes jobs? I really don't even know if he has one anymore. We also had a legal separation done in 2008, he was jobless then bit was ordered in the agreement when he got a job he was to pay child support which... Read more »

Eric J. Garber
Eric J. Garber answered on Nov 3, 2015

Yes, he is still entitled to visitation. Just because he has violated the relevant order (i.e. failing to timely pay child support) does NOT mean that you can also violate the relevant order (i.e., withholding the children from the father in violation of his visitation rights). You can, however,... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: My husband and I want to file for custody of my step kids. What are our chances?

Their mother has a revolving door of men coming in and out of our kids lives, and one was accused of molesting my stepdaughter. After filing a police report, and charges were pending, unbeknownst to my husband, she moved back in with the accused man. She told my husband the charges were cleared up,... Read more »

Eric J. Garber
Eric J. Garber answered on Nov 3, 2015

If everything you state is true, you have a very high chance of success in modification of custody action. You need to speak with a local family law attorney in your area as soon as possible and start taking the steps necessary to initiate a modification action. For reference, O.C.G.A.... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Georgia - My child was born out of wedlock and her father did sign the birth certificate. Does he have rights legally?

He is a homeless drug addict that does not have a relationship ship with my child. I did file for child support in 2010, but after he was behind 3k I decided to terminate the order because he wasn't paying it anyways and I didn't want any ties with him. He did recognize that he is the biological... Read more »

Eric J. Garber
Eric J. Garber answered on Nov 3, 2015

It depends. If all the Father did was sign the birth certificate or an "Acknowledgement of Paternity", then he has no legal rights at this point; all he would have is the legal responsibility to pay child support. If he (and you) signed an "Acknowledgment of Legitimation", he would have legal... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: What are my rights to my child if still married?

My wife left with my son and now has dropped him off at his grandfather's and he his been there for about a month. I need to know if its legal for me to go get him?

Eric J. Garber
Eric J. Garber answered on Nov 3, 2015

Yes, it is legal for you to go get your son. As a father of a child born in wedlock, you are considered the natural guardian of your child and are entitled to exercise any and all parental authority over said child, even if it conflicts with the requests of the child's mother. Unless there is a... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: One child lives with him and one with her. She agreed to cancel cs. What is the proper steps needed to achieve this?
Eric J. Garber
Eric J. Garber answered on Nov 3, 2015

It depends. If the parties are divorced (or the father legitimated any children born out of wedlock) and an original custody order as to the children has already been established whereby one parent had custody of both children, one parent will need to file a modification action against the other... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: My boyfriend pays child support for his 2 kids already, what happens if i get pregnant and need help financially?
Eric J. Garber
Eric J. Garber answered on Nov 3, 2015

If you cannot work out an arrangement between yourselves, you will need to file an action against your boyfriend to establish his paternity of the child (i.e., prove via DNA testing that he is the biological father of the child) and his obligation to pay child support on behalf of the child. If... Read more »

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