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Questions Answered by Samantha A Holloway

2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on

Q: What can we do if the non custodial parent, the mother, hasn't contacted the children for 12 weeks?

The mother hasn't seen or spoken to the children in 12 weeks. She is ordered to pay child support but is 1700 behind. She will also not give us a residence where she lives. We believe her to be homeless.

We always text her to see if she will be getting the kids on her time but never a... Read more »

Samantha A Holloway answered on Aug 16, 2019

It is possible for a step parent to adopt children. However, there are certain legal hurdles that have to be met before this can occur. You will need an attorney to assist you to ensure that it is done correctly. I would advise that you reach out to an attorney for a consultation so that you can... Read more »

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2 Answers | Asked in Child Support for Georgia on

Q: Is there a difference between an at home DNA test and a DNA test from child support?

I recently contacted my ex to get an DNA on my daughter who is now six and she looks just like him. He met her for the first time and said he felt as if he was looking in the mirror we did a at home DNA test and it came back 0%. I thought it was weird but I said ok I went with it. He called me and... Read more »

Samantha A Holloway answered on Aug 16, 2019

It will be difficult for an attorney to advise you as to the accuracy of the home DNA test. Georgia requires laboratories to meet certain scientific criteria which provides assurances that the results are accurate. It may be difficult to prove the accuracy of a home DNA test in court without... Read more »

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1 Answer | Asked in Small Claims for Georgia on

Q: Is any cash you give to someone considered "a gift" in Georgia? Even if you have a verbal contract and text agreements?

Let me say up front - I understand I should have done this differently.

My boyfriend at the time got dropped from the NFL, his mom passed away, he had horrible spending habits and got his car repoed. Under agreements made through text & verbally - he agreed to pay me any money back when I... Read more »

Samantha A Holloway answered on Aug 13, 2019

A verbal agreement can be enforceable. However, without additional information, I do not know if the verbal agreement that you had with your ex is enforceable. I would suggest that you consult with an attorney.

It is relatively inexpensive to file a case in small claims court and it is...
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2 Answers | Asked in Child Support for Georgia on

Q: Do I have to pay child support to the CP if my kids are in my custody during the summer break?

Samantha A Holloway answered on Aug 6, 2019

Yes. Typically child support is based on a yearly basis and most court orders do not allow you to stop payment during certain months. However, you can ask the court for a reduction for the time that your children spend with you during the summer so that your overall child support (and monthly... Read more »

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3 Answers | Asked in Divorce for Georgia on

Q: can i get a divorce without child support and visitation

Samantha A Holloway answered on Jun 19, 2019

If the child is yours, there are very few instances where child support will not be awarded. However, you can agree not to exercise visitation. Please talk to a lawyer to get more a more specific answer for your situation.

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1 Answer | Asked in Family Law for Georgia on

Q: My now wife had given conservatorship for her daughter to her then boyfriend , Can we get change it. No contact

There is no contact and they want nothing to do with him

Samantha A Holloway answered on Jun 19, 2019

It depends on the type of guardianship that was granted. If it was temporary guardianship through the probate court, consent can be revoked. I would suggest that you speak with an attorney to determine exactly type of guardianship/conservatorship that was granted and the grounds upon which it can... Read more »

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on

Q: Am I allowed to refuse visitation to the non-custodial parent due to alcohol, drug and extreme sexiual behvior abuse.

I am the custodial parent and I wanted to know can I refuse visitation according to the other parent abuse. He has not seen his child in over 3 years becuase he hops state to state and city to city. He owes over 27,000 dollars in child support. I have video and photo proof of all his abuse.... Read more »

Samantha A Holloway answered on Jun 12, 2019

I would suggest that you file the necessary documents to modify visitation immediately. Depending on the judge/county, you may be able to get an emergency hearing to temporarily modify visitation if you believe that your child will be in danger when the child is in his father's care.

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2 Answers | Asked in Divorce for Georgia on

Q: Can I purchase a house if I’m married and then file for divorce and spouse have no stake in my home.

I currently live in his home we had before we got married.

Samantha A Holloway answered on May 4, 2019

Yes you can, however the house will likely be considered marital property and your soon to be ex may be have a financial interest in it. If you can wait, I would suggest purchasing the home after your divorce is finalized.

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2 Answers | Asked in Child Support for Georgia on

Q: I said i didnt need child support but am now struggling. Can I go back and request child support?

Samantha A Holloway answered on May 4, 2019

Typically, you cannot modify a child support award unless it has been 2 years has passed since the last order. However, child support can be modified if there is a material change in the financial circumstances of the parents or the child. You may want to talk with a lawyer to determine if your... Read more »

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2 Answers | Asked in Child Custody for Georgia on

Q: Will a notarized paper hold up in court giving all rights over to grandmother for her dropping child support,

Do I have any rights? No judge or court

Samantha A Holloway answered on May 4, 2019

Hello,

Im not sure exactly what you are asking regarding child support or rights. Generally, affidavits are considered hearsay and are only admissible as evidence in limited situations. I would suggest that you contact an attorney regarding child support, rights, and the use of...
Read more »

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1 Answer | Asked in Civil Litigation for Georgia on

Q: How much money can an HOA charge a homeowner per month for pets exceeding a weight limit?

My HOA charges $150/ month, and I believe this is far too much. They argue that the fee is high because they are trying urge owners to give the pet away rather than agree to pay the fee. But I love my dog as part of my family and am not willing to get rid of her just because she weighs 18 lbs... Read more »

Samantha A Holloway answered on Apr 30, 2019

HOA regulations are set by the HOA bylaws. If you believe that the fee is excessive, research the bylaws and figure out how the bylaws are changed. Typically, it is done via majority vote of the homeowners.

1 Answer | Asked in Collections for Georgia on

Q: I have had the same case dismissed twice without prejudice in the state of Georgia how many time can they refile

Samantha A Holloway answered on Apr 30, 2019

It is difficult to answer this case without specific information. If a case has been dismissed without prejudice, you can typically re-file. However, there are statute of limitations (time period you have to file a lawsuit) which may get your case dismissed on procedural grounds. I would suggest... Read more »

1 Answer | Asked in Child Custody for Georgia on

Q: Can I win custody with recordings of mother admitting making daughter clean up drunk boyfriends throw up/spit off floor?

My kids mother has physical custody for my two kids girl 11 and boy 13. her boyfriend is an alcoholic and she had my daughter cleaning up his spit and throw up off the floor. We got divorced in 2017 and the kids remained living with me when she moved out until I got remarried and she decided to... Read more »

Samantha A Holloway answered on Apr 30, 2019

It is difficult to say if specific instances will enough evidence to win a modification of custody. The decision will ultimately be made by a judge, and we are not judges. A judge will typically hear all of the evidence that is presented and determine what living situation is in your child's best... Read more »

3 Answers | Asked in Divorce for Georgia on

Q: Is it better to wait to be served divorce papers , or be the first to file ?

My husband asked me for a divorce , I left the house last June, due to violent behavior and have talked to him every day since he went to a 30 in house program for PTSD...I'm staying with my son in Jacksonville fl helping out with their newborn child , and he all the sudden called me last... Read more »

Samantha A Holloway answered on Apr 30, 2019

FYI, it costs roughly $230 to file for divorce and an additional $50-$75 to serve the divorce papers. These costs are paid by the spouse filing the divorce, not the receiving spouse.

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2 Answers | Asked in Civil Litigation for Georgia on

Q: If I was serviced with a statement of claim and I refused to sign did I waive my rights to make an answer within 30 days

Can the plaintiff seek judgment and proceed to garnish my pay since I refused service

Samantha A Holloway answered on Apr 30, 2019

Your refusal to sign did not waive your right to file an Answer. You need to file an Answer. If you refuse to file an Answer, the plaintiff can get a default judgment against you. The plaintiff can then file a garnishment action and garnish your wages.

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1 Answer | Asked in Family Law and Probate for Georgia on

Q: What can be done about a family member that manipulated the proposed ward of a petition into signing over a home title?

My mother has not been mentally in tact since her parents passed in 2017. She became executor or their estate in which the title to their home was put in her name. My aunt and I announced that we were going to file the petition for guardianship and conservator as my mother as the proposed ward to... Read more »

Samantha A Holloway answered on Apr 29, 2019

This appears to be a probate matter. I would suggest that you consult with a probate attorney.

1 Answer | Asked in Family Law for Georgia on

Q: I signed a temporary guardianship over while I was incarcerated and she refuses to let me see my son may I go get him on

It's in Gwinnett County Georgia there's no restrictions on me and I like I said I'd joint custody was my husband previous to the guardianship what can I do I've already made to police reports and from what I'm told she's lying my son and tell him not telling him I came by that time and also put him... Read more »

Samantha A Holloway answered on Apr 29, 2019

Your question is a difficult to understand. If the temporary guardianship was filed in probate court, you can revoke your permission to the guardianship at any time. Just go to the probate court clerk's office to file the paperwork.

2 Answers | Asked in Family Law for Georgia on

Q: Can a judge reconsider his ruling during a contempt motion?

My daughter's father sued me for legitimation last year. At the end of the case he was given less time with our daughter than he had prior to his lawsuit and ordered to pay 50% of medical expenses, child support, and obtain life insurance on our daughter. We were to pay our own legal fees. Since... Read more »

Samantha A Holloway answered on Apr 29, 2019

The original ruling on the legal fees wont be reconsidered, however, you can ask the judge to order your daughter's father to pay any legal fees you have to pay in order to file (and pursue) the contempt action.

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2 Answers | Asked in Family Law for Georgia on

Q: We live in GA., and our grandchildren live in TN. Our son passed 10 years ago and their step father has adopted them.

Do we have any visitation rights?

Samantha A Holloway answered on Apr 29, 2019

I would suggest that you contact a lawyer in TN (where the grandchildren live) to determine whether TN has grandparent's rights/grandparent's visitation.

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1 Answer | Asked in Child Custody for Georgia on

Q: Kid custody

Mother wants blood test if not his she wants him out but he signed legal paperwork he wants to be its dad

Samantha A Holloway answered on Mar 20, 2017

It really depends on what legal paperwork was signed, who signed it, and what was done with the paperwork. It is impossible to tell if the legal paperwork is important without knowing those facts.

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