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Questions Answered by Eric J. Garber
1 Answer | Asked in Family Law for Georgia on
Q: My child has a "legal father" in ga. The biological father wants rights after 10 years. Is this a possibility?

Got pregnant young, had a boyfriend and I cheated on him and got pregnant. The guy I cheated with gave me an option to take care of my child like it was his and we would start a relationship together and he would treat my child as his own... We got married he signed the birth certificate even... View More

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

If you had the biological father sign away his rights to the minor child at or before the child's birth, then he has lost his rights to the child. If not, however, he could have rights to the child, particularly if you deceived him as to the child's parentage. Assuming he carries... View More

1 Answer | Asked in Family Law for Georgia on
Q: My child mother dies, I am on the birth certificate, how do I get full custody, child is in home of grandmother.

My child (15yrs) has lived with me until about 3 months ago when he came to live with his mother. Mother recently died and the grandparent would not turn over the child. Recently found out child is not mine.

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

Normally, you would need to file a legitimation action naming the minor child in the county where the minor child currently resides, and in said legitimation action you would petition for custody of the minor child as sole remaining parent. Your case is complicated, however, by the fact that you... View More

1 Answer | Asked in Family Law for Georgia on
Q: Can grandparents who have been taking care of their grandchild, move to another county in the same state

The biological father has moved parental responsibilities and the mother is in jail for numerous counts.

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

It will depend on the facts of the case. Do you presently have a guardianship of the grandchild, or are you simply taking care of the grandchild with the simple permission of the legal parents? If you have a guardianship, you will need to look at the explicit terms of the appointment of... View More

1 Answer | Asked in Family Law for Georgia on
Q: what is notice of stipulation to active list

plaitiff wants to change child's name and defendant, the father objects.

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

In general, it means that you have completed initial pleadings/motion practice and discovery, have attempted settlement (but failed), and are ready to proceed to a final trial. That is, you are being placed on the "active list" of cases that are ready to proceed to trial. Be very... View More

1 Answer | Asked in Family Law for Georgia on
Q: I currently reside in Georgia and need to transfer my child support case from Virginia to here.

I went on the website for the court in Virginia but could not find the motion to transfer form.

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

Assuming you mean there is a presently-pending child support contempt/modification in Virginia, you will likely have a very difficult time moving the case unless you are the one who originally brought said case in Virginia. If your ex-spouse (or the other parent to the subject child) initiated the... View More

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