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Questions Answered by Eric J. Garber
1 Answer | Asked in Family Law for Georgia on
Q: If the custody papers say father gets child every Saturday and cancels for no reason is he in content?

He says he can get full custody because I've cancelled because my child was sick and contagious. But he cancelled for no reason at all.

Eric J. Garber
Eric J. Garber answered on Sep 18, 2015

Is this an isolated event, or does it happen on a regular basis? If you are regularly refusing him visitation with the child, you are in contempt and he could likely seek a greater share of custody. If he is regularly missing his visitation with the child, he may be liable to you for an increased... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: I have a one year old and me and his father currently just separated. We are not married. Do I have all rights to my son

He's on the birth certificate but havent gotten it legitimate. I was a full time mom and he worked but I recently just got a job. Will the court system give him custody over me because I had no proof of work until now? How can I stop him from getting custody, the reason for separating he was... Read more »

Eric J. Garber
Eric J. Garber answered on Sep 18, 2015

If he is the biological father, you likely cannot prevent him from obtaining any custody. You can, however, likely prevent him from obtaining primary custody of your child. You need to speak with a local family law attorney ASAP to discuss the specific facts of your case and develop a case... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can I modify child support to take only his federal income tax opposed to a monthly payment?

He is 12k in arrears and barely makes 200 a week. I would love the monthly support but I am not trying to make him homeless.

Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

You cannot eliminate his monthly support obligation, because that is set by state law (there is a rate table that determines the specific child support obligation based on the two parents' combined income, and you cannot collude to get around this requirement). Having said that, however, you... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: If there is an agreement between my ex boyfriend and I that he can see his child on Sundays at my house, he visits once

And says he's never coming back and never ask about his daughter if he were to go to court for visitation is there a way I could keep him from getting visitation rights?

Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

It depends, but most likely not. If your ex-boyfriend is the biological father, he has the right to legitimate the child and seek custody/visitation of the minor child (and he would also be obligated to pay child support, etc.). Unless you can prove that your ex-boyfriend having custody (or at... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: what is the difference between going through child support recovery, an hiring a lawyer to get child support?
Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

Child Support Recovery is not directly concerned with helping you, but rather is simply concerned with helping the State recover mony from the child's other parent money that the State may have given you through various means (tax breaks, welfare, WIC, etc.). As such, they have very little... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: I have documents granting me full custody. Her mom lives in Texas and wants her to visit. Can she take the child from me

I have been to court in Georgia and have had a judge review the case and make a ruling in my favor granting me full custody because the mother essentially abandoned us. She now wants my daughter to visit for a couple of months to Texas. Can she try to take the child from me based on the laws in... Read more »

Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

This will depend almost entirely on the terms of your custody order. When you say "full custody", do you mean that you have primary custody and the mother has rights to visitation, or that the Mother has absolutely no rights to custody/visitation. Either way, you will need to honor the... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: We have proof of lots of visitation violations. Can she demand more child support in a contempt hearing?

Mother has refused visitation several times willfully and with no reason to be concerned for child's safety. Many false allegations thrown our way out of anger. Screaming and cussing when trying to communicate with her. We want to file for custody but cannot afford an attorney. Afraid that she... Read more »

Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

First, you may most certainly file a contempt action against the Mother for her refusing visitation and threats against you. Second, you may also file a modification action against the Mother seeking to have custody and/or child support changed such that you will now be the primary custodian and... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: My ex lost parental rights to one of my kids, can I still reopen my child support case even if it's closed?

He went to jail for child abuse for one of my kids and the state closed my case. Since he's out of jail and on parole and working, can I put him back on child support even if he lost his rights to one of my children or just put him on child support for the other child he didn't lose rights to?

Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

You may seek child support for both minor children SO LONG AS they have not been adopted by your new spouse (or by another third party), regardless of whether your Ex has lost his parental rights to either child. You will need to file a contempt and/or modification action in the Superior Court... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: If I sign my rights away, does that mean child support order will end? Arrears as well? Ex wants me to sign rights away.

Ex has completely quit allowing my family visitation and talks of moving away and has asked to sign my rights over. I'm only curious if this will end all child support order on myself and arrears.

Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

Not necessarily. If you simply sign your rights away and no one adopts the minor child (ex. your ex's new spouse or another third party), then your child support obligation will continue. If you sign away your rights and someone does adopt the minor child, however, your child support... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: If my childs father has been charged w/rape not convicted could that stop from legitimizing our child/askin for custody?

He hasn't not done anything to support her in any kind of way since she's been here. No job or stable home. Smokes weed. Has been charged with rape twice not convicted

Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

Everything you have described in your question are factual allegations that would weigh against the Father's character and abilities as a parent, but they are not legal impediments to him obtaining legitimization/custody. That is, they may make the judge hesitant to award the Father custody,... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: The mother of my daughter refuses to give her my name or let me sign the birth certificate, is there anything I can do?

The mother of my daughter and me are not married.

Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

Yes, you will need to file an Action to Legitimate against the mother regarding your daughter. Once you have legitimated your daughter, you will become a legal parent to your daughter and have all the same rights and obligations to your daughter as if you were on the birth certificate. A... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can my sister give me joint custody of her 4yr old daughter who has never been legitimized and the father never visits?

She's always saying that if something were to ever happen to her she wants me to raise her. So is this something that can be done without his consent or knowledge.

He doesn't pay child support either. When he makes plans to see her he never shows and rarely ever returns her calls.

Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

To have joint custody of the child, you would need to adopt the child. To do so, your sister would need to give notice to any potential parent of the minor child so that they may contest the adoption (failure to give such notice would make your adoption voidable by the potential parent) and then... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: My child support case is in the process of closing but fees has not been paid can I reopen it?
Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

What do you mean by your "child support case", exactly? Are you in the process of a divorce or paternity/legitimation action, or are you in a contempt/modification action? Also, what do you mean by "fees have not been paid"? What fees haven't been paid (to the court, to... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: NC is $19,000 arrears. Son is turning 18 so child support will end. How do I enforce getting arrears?
Eric J. Garber
Eric J. Garber answered on Aug 17, 2015

You need to file a contempt action against the person obligated to pay child support, seeking the $19k in arrears plus your attorney's fees. You will need to file your action in the Court that originally granted your divorce or the county where your ex lives currently. As Julie mentioned,... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can I file for a stop order if my son turns 18 in October and graduates in May? How far in advance should I file?
Eric J. Garber
Eric J. Garber answered on Aug 10, 2015

If by "stop order", you mean a formal order stating that your obligation to pay child support has terminated because your son has reached the age of majority, you likely do not need to file for any such order (assuming your current child support order states that your obligation... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Ex- husband's CS payment is payroll deducted. When he falls behind do I file contempt against him or his employment?

Can I change how I get paid via direct deposit, without paying for a private lawyer?

Eric J. Garber
Eric J. Garber answered on Aug 10, 2015

You should likely file against him directly. If he wants to shift blaim and attempt to claim that his failure to timely pay his child support obligation is actually his employer's fault, he can try to implead them if he wants, but there is no reason you should do his job of defending himself... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: I have a 2 year old the father rarely pays child support is it illegal to live with my boyfriend?

We haven't been to court about rights or anything .. it's a very stable home... we wasnt married please help

Eric J. Garber
Eric J. Garber answered on Aug 9, 2015

It is okay to live with your new boyfriend. However, you need to go to Court and get your rights/obligations sorted out ASAP. You need an order stating who has primary custody of the child and who has the obligation to pay child support. Living without a formal order is only going to cause... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can my ex amend my child support? We are divorced for 5 mos?

My daughter is 13 y/o and is angry with me re: divorce and spending the majority of time with him. We are in Fulton County

Eric J. Garber
Eric J. Garber answered on Aug 9, 2015

Yes, generally, a custody/support order may be modified at any time after an initial divorce order (or every two years after the first modification order). There will need to be a showing of changed circumstances (such as loss/reduce of income of either party and/or change in standard... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Can a 18yr old move in with the non custodial parent making him not have to pay his child support

18yr old moved out without custodial parent knowing now his father has stopped his child support is he not in contempt of court since the child isn't 19

Eric J. Garber
Eric J. Garber answered on Aug 9, 2015

Yes, with a qualification. To accomplish this, the non-custodial parent will have to file a Child Custody/Support Modification Action, with the eighteen year old filing an "Affidavit of Election" (attached as an exhibit to the non-custodial parent's Complaint for Modification)... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: Can a mother and child leave the jurisdiction after being served with a petition to establish legitimation and custody?
Eric J. Garber
Eric J. Garber answered on Aug 9, 2015

Most likely no. When you were served with the Petition to Establish Legitimation and Custody, you were also likely served with a Domestic Relations Standing Order for your county. Said Standing Order most likely (I cannot guarantee since every County's order is different) prohibits you from... Read more »

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