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Questions Answered by Samantha A Holloway
2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What are my legal rights to my child if I'm on the birth certificate, have dna proof, and married mother (after birth)

We are still legally married, not legally separated, but not living together. Do I have the right to take my child from her? There isn't any kind of custody order in effect at all. I have been court ordered to pay child support.

Samantha A Holloway
Samantha A Holloway answered on Nov 30, 2020

Typically, a child who is born to parents who were unmarried at the time of birth, but got married after the birth, is considered the legitimate child of the father. You should meet with a lawyer to discuss your specific case and whether you can take the child. I would also suggest that you have... Read more »

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1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: I am raising my 20 month old cousin, his mother left him when she turned 18 ,she moved back in with her mother whom lost

Her children I am raising them as well. Now the mother of the 20month old wants to terminate our temporary guardianship. We havent heard from the baby's mother in over 8 months we go to court in January what chances done have keeping him

Samantha A Holloway
Samantha A Holloway answered on Nov 30, 2020

Typically a temporary guardianship can be revocable at anytime by a biological parent. If you would like to retain custody, you should speak with a lawyer to discuss other options available to you in Juvenile or Superior court.

3 Answers | Asked in Family Law for Georgia on
Q: GA law-The extended family of a father who did not legitimize his child wish to have contact. What can we do?

Man and woman had a spring fling that resulted in pregnancy and a child. The man did not want the child and made that clear. The mother sued for paternity and child support, to which the father is now paying. However, he never filed for legitimacy and is not on the birth certificate. The child is... Read more »

Samantha A Holloway
Samantha A Holloway answered on Nov 30, 2020

The father is the only one who can file to legitimate the child. However a judge will have to determine whether he has abandoned his opportunity interest.

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2 Answers | Asked in Child Custody, Child Support and Juvenile Law for Georgia on
Q: Is there a law in Georgia that states a divorced parent can't move out of state?
Samantha A Holloway
Samantha A Holloway answered on Nov 8, 2020

I’m not aware of a law that prohibits a divorced parent to move out of state. However most parenting plans contain a provision that requires parents to notify each other in advance when they are moving.

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1 Answer | Asked in Child Custody for Georgia on
Q: I have visitation rights ordered by judge the my ex-wife will not let me see my kid I've been ordered to meet at the she
Samantha A Holloway
Samantha A Holloway answered on Aug 22, 2020

Hello,

If you have court ordered visitation and the other parent is preventing you from exercising it, you may be able to file a contempt case against her. The facts of each case are different so I would suggest that you talk to a lawyer to understand all of your options.

2 Answers | Asked in Child Custody for Georgia on
Q: During the current pandemc, does fther have rights to come to my house demanding our child to go with him on a Saturday?

Me and my childs father are not nor ever have been married and we do not have any court order custody. Our child resides with me yearly with mostly Friday nights and Saturday days with her father. During the current pandemic, does he have rights to come to my house demanding our child to go with... Read more »

Samantha A Holloway
Samantha A Holloway answered on Apr 4, 2020

Generally, if parents were never married and do not have a custody order in place, the father has limited rights to visitation. I would suggest that you contact an attorney to discuss your specific case and get guidance on how to proceed in the future.

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3 Answers | Asked in Child Custody for Georgia on
Q: My parenting plan reads that the child is with me "from school recess on Thursday until school reconvenes on Tuesday".

School is not in session so how can this be handled? The other parent is not willing to move to week on/week off like the summer schedule or offer more time with school out. Do I have any legal ground to stand on? There is no recess or reconvene because school is not in session. No mandatory school... Read more »

Samantha A Holloway
Samantha A Holloway answered on Mar 23, 2020

School closures due to COVID-19 have presented new challenges. Some courts has issues orders explaining what should happen now that school is on an extended break. Others are silent. I would suggest that you contact a lawyer so that he/she can view your Parenting Plan and provide any guidance from... Read more »

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2 Answers | Asked in Divorce for Georgia on
Q: I have been married for a year and a half and separated for 9 months. How much is it just a simple divorce?

We have nothing together so it’s would just be basic.

Samantha A Holloway
Samantha A Holloway answered on Mar 20, 2020

You will need to consult with an attorney to determine their individual pricing. For my office, the cost of our services are determined by the extent of property and debts and whether the parties have children together. Hope this helps.

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4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I'd like to get a consultation on obtaining legal custody of my son.

Hello,

I'd like to get a consultation on obtaining legal custody of my son. He lives with his mother (my ex-wife) and stepdad. My ex-wife has an alcohol addiction. Last October she got into a car accident while being drunk. She was in a rehab all December but she started drinking as... Read more »

Samantha A Holloway
Samantha A Holloway answered on Mar 12, 2020

I applaud you for taking the steps to secure your son’s safety. I agree with my colleague that you should prefer a modification of custody. My office conducts consultations on custody issues. You can call us at 678-390-3503.

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: Is property acquired by right of survivorship considered marital property
Samantha A Holloway
Samantha A Holloway answered on Feb 11, 2020

It depends. A judge will look at how/when a property is acquired to determine If it is marital property. However certain actions taken after the property is acquired can make the property, or a portion of its value, into marital property. You should consult with a lawyer.

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3 Answers | Asked in Family Law for Georgia on
Q: If I sign away my rights for my child do I still need to pay child support?
Samantha A Holloway
Samantha A Holloway answered on Feb 11, 2020

It depends. If there is someone willing to step up and take responsibility for the child as in an adoption, then child support is usually stopped. However, if there isn’t an adoption, your child support obligation will continue.

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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
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
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... Read more »

Samantha A Holloway
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
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
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
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
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
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
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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