Questions Answered by P. Justin Thrailkill

Q: What can the NCP do without paying excessive attorney fees when a CP kicked the child out the house?

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Feb 15, 2019
P. Justin Thrailkill's answer
First, is this a Georgia case? If so, you can contact counsel about modifying custody. What is excessive is up to you. If you could agree that you'd take the child, it could be uncontested, but it doesn't sound like that is likely if she won't agree to stop support.

Q: I am the non custodial parent, the custodial parent passed away in oct of 2018, im still paying support . and my taxes

1 Answer | Asked in Child Support for Georgia on
Answered on Feb 11, 2019
P. Justin Thrailkill's answer
The question is, "where is the child?" If you don't have the child, you still have an obligation to pay support to someone. Talk to counsel about your options to clear this up.

Q: Sometimes my child doesn’t want to come visit me during my visitation weekend so he stays at his moms during my weekend

1 Answer | Asked in Family Law for Georgia on
Answered on Feb 8, 2019
P. Justin Thrailkill's answer
You can do that if you'd like the Court to reduce your visitation time or hold you in contempt. Otherwise, I'd say man up and work things out with your kid so that he actually wants to visit with you.

Q: Is there a stature of limitations on filling contempt charges as it relates to a divorce agreement? (See Below)

3 Answers | Asked in Divorce and Family Law for Georgia on
Answered on Feb 6, 2019
P. Justin Thrailkill's answer
Not necessarily. If you've sat on your rights and not done anything about the issue for a period of time, the court may find that it is barred by the doctrine of laches, which is similar to a statute of limitations, though there is no specific time period.

Q: As the defendant, can I file a motion to dismiss a divorce under these circumstances?

2 Answers | Asked in Divorce for Georgia on
Answered on Feb 6, 2019
P. Justin Thrailkill's answer
If you haven't lived in Georgia then jurisdiction and venue is inappropriate and she cannot file a divorce here. That said, objections to jurisdiction and venue are called "affirmative defenses" that need to be raised in your answer. If you were served three months ago, which is unclear, the court may not allow you to assert affirmative defenses at this time because you did not respond within 30 days.

All that said, if it was dismissed, and you decided to refile, you'd have to file in...

Q: How do I terminate my parental rights in the state of GA? I have 2 children from Ex wife!

3 Answers | Asked in Family Law, Intellectual Property and Patents (Intellectual Property) for Georgia on
Answered on Feb 5, 2019
P. Justin Thrailkill's answer
Terminating your parental rights is not an option. That will only happen in a step-parent adoption. It doesn't sound like you are exercising the rights you have, so they may as well be terminated. Also, and more importantly, terminating your parental rights does not terminate your obligation to pay support.

Q: What does equitable distribution law mean when relating to property bought with one spouse's money and in their name?

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 4, 2019
P. Justin Thrailkill's answer
It means if you bought it during the marriage, it belongs to both of you, regardless of who's name it is in, except with a few limited exceptions (i.e. gifts, inheritance).

Q: If I am moving out of state in 3 months, but want to file for divorce, where should I file?

3 Answers | Asked in Divorce for Georgia on
Answered on Feb 4, 2019
P. Justin Thrailkill's answer
It's your decision, and is really a matter of convenience to a degree. If he is military, he has a state that is listed as his home state. You can file there as well as here, or you can wait until he obtains residency elsewhere and file there. It really just depends on where each of you are going, where that is in relation to Georgia, and where his home state is. You will need to get back here for hearings, so, if that is an issue, you might need to wait.

Q: If I have guardianship of my granddaughter, what would I do to get full custody?

1 Answer | Asked in Child Custody for Georgia on
Answered on Feb 1, 2019
P. Justin Thrailkill's answer
Do the parents have visitation? How did you come to get guardianship? This is something that is probably best for you to sit down and discuss with an attorney in a consultation. Most attorney's offer free consultations.

Q: Paper states that I pay child support until child becomes 18 years of age, dies, married or otherwise enrolled in and

3 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Feb 1, 2019
P. Justin Thrailkill's answer
If the child has not graduated from high school, you still need to pay. It is not terminated until the child is no longer enrolled full time. Dual enrollment means the child is enrolled in high school and college at the same time.

Q: Can I move out of state with my daughter if the father is not on the birth certificate?

3 Answers | Asked in Family Law for Georgia on
Answered on Feb 1, 2019
P. Justin Thrailkill's answer
Yes, there is nothing keeping you here unless he files.

Q: I signed a paternity acknowledgment In GA and later discovered through dna testing that I am not the father. options?

3 Answers | Asked in Family Law and Child Support for Georgia on
Answered on Jan 29, 2019
P. Justin Thrailkill's answer
You need to retain counsel to assist you with this. You'll need to get the court to order a paternity test and that test must show that there is 0% chance of parentage. See the following: https://law.justia.com/codes/georgia/2010/title-19/chapter-7/article-3/19-7-54/.

Q: Can I have my brother declared mentally incompetent and ask for guardianship?

2 Answers | Asked in Family Law, Health Care Law and Probate for Georgia on
Answered on Jan 28, 2019
P. Justin Thrailkill's answer
You can get an adult guardianship if you can prove that he cannot care for himself. Talk to local attorneys where he lives and discuss with them your chances of getting him declared incompetent and taking guardianship over him.

Q: What steps to take,my husband(soul provider & only income) gets me & our kids evicted,then leaves the home with mone

3 Answers | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Georgia on
Answered on Jan 28, 2019
P. Justin Thrailkill's answer
I agree with Ms. Edwards. You need to file for divorce and ask the court for emergency relief to allow you to find a new place and keep the kids fed. If there is an eviction order already, there is no longer anything you can do to delay it. Talk with counsel ASAP to address this.

Q: Child support took my 2016 and 2017 tax refund. Last month Dec 2018 they sent it all back why?

1 Answer | Asked in Child Support for Georgia on
Answered on Jan 21, 2019
P. Justin Thrailkill's answer
There is no way for someone to know that without knowing more about your case. It is possible you overpaid and it was improperly withheld. You need to be the one to keep track of what you owe. Do not count on them to do it. They can make mistakes, just like everyone else, and if you are not there with the correct information to check them, it could end up causing you problems down the road. Be diligent in keeping records of what you've paid.

Q: Can I ask for half of my son orthodontist bill in the divorce

2 Answers | Asked in Divorce for Georgia on
Answered on Jan 21, 2019
P. Justin Thrailkill's answer
Yes, you can. This is a form of child support. Typically the uncovered medical expenses would be split. There is always a debate about orthodontic and dentistry, and whether or not that is medical, but if you notify your counsel, and are specific with your requests to the court, this should be addressed in your decree.

Q: I'm under supvision with my son can I sign over my custody to my mother with open defax case

3 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Jan 21, 2019
P. Justin Thrailkill's answer
Not without their approval. Some cases they will recommend guardianship under a consent order, but making that move without their approval is likely only going to make the situation worse. Talk to your counsel and see if a consent order for guardianship is possible to end the case.

Q: Can i give joint custody to sons,father,for defax to close case on me

3 Answers | Asked in Child Custody and Family Law for Georgia on
Answered on Jan 21, 2019
P. Justin Thrailkill's answer
See answer to your other question. You aren't the first to try this, and won't be the last. It never works. You aren't going to game the system, because I promise you that they've seen it all before. You need to work with DFCS, and work your case plan, to get them out of your life. There are not shortcuts.

Q: I hav safe deposits boxes . i need some advice on them. Need pro bono u get paid wen i get paid but they hav a drill out

3 Answers | Asked in Family Law and Social Security for Georgia on
Answered on Jan 18, 2019
P. Justin Thrailkill's answer
I'll tell you what Geraldo, I'll take a hard pass and you just let me know what you find when you get into King Tut's tomb. How's that for a plan?

Q: In the state of Georgia , how long do you have to pay child support if your child has special needs?

2 Answers | Asked in Child Support for Georgia on
Answered on Jan 18, 2019
P. Justin Thrailkill's answer
Your order would govern that. It can extend beyond 18 in certain circumstances, but typically no later than 20 if the child is still enrolled in school.

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