Questions Answered by P. Justin Thrailkill

Q: What kind of law does CPS fall under in ga? Including their duties and parental rights

1 Answer | Asked in Child Custody for Georgia on
Answered on Apr 23, 2019
P. Justin Thrailkill's answer
That's a broad question. Their obligation is to protect children, which is to say that they have no obligation to you or your rights. If you are involved in a case with DFCS, you need to contact an attorney so that you know your rights.

Q: my husband an I separated after 3 years. I had my house and truck before we were married. can he take my property

2 Answers | Asked in Family Law for Georgia on
Answered on Apr 17, 2019
P. Justin Thrailkill's answer
That is a difficult question to answer without all of the facts. Schedule an appointment with a local attorney to discuss this issue in detail.

Q: If I'm left money in a will is the executor responsible in getting that to me?

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Answered on Apr 16, 2019
P. Justin Thrailkill's answer
The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact the executor or contact the pension and life insurance companies directly to get answers as to whether you are on those policies or not.

Q: What step i need to take to get my daughter back? Father refuse to communicate with me and i would liked joint custody?

2 Answers | Asked in Child Custody for Georgia on
Answered on Apr 15, 2019
P. Justin Thrailkill's answer
Contact an attorney in the county where he lives to determine your options. If he doesn't have an order, you just need to go pick her up. If he does, it may be more complicated than that.

Q: What happen if father filed for sole custody using a false adress for the mother?

2 Answers | Asked in Child Custody and Family Law for Georgia on
Answered on Apr 15, 2019
P. Justin Thrailkill's answer
He has to serve you, so if that doesn't happen he's not getting an order. If you suspect there may have been some fraud, you need to go to the clerk's office and check the records to make sure there isn't an order there with your name on it. If you can confirm the order was obtained through fraud, you need to contact an attorney about filing a motion to set aside the order.

Q: Can I trust a court-appointed defender in Dekalb County, where DFACS has unlawfully taken my 22-month-old daughter?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Answered on Apr 10, 2019
P. Justin Thrailkill's answer
You can trust the public defender. I will tell you that you aren't the first I've heard make those allegations against DeKalb DFCS. Right or wrong, you will have the opportunity to address these allegations in court. Take advantage of the ability to have a public defender. If you are unhappy with their services, contact private counsel to take over.

Q: Settled a workers comp case in 2015 had child support lien . Lien was changed but they refuse to honor it. Need lawyer

1 Answer | Asked in Child Support for Georgia on
Answered on Apr 10, 2019
P. Justin Thrailkill's answer
This is not a forum to solicit representation. You need to start contacting lawyers in the area where your order is.

Q: How can I let the non- custodial parent get our 16 year old who wants to live with him?

3 Answers | Asked in Family Law for Georgia on
Answered on Apr 4, 2019
P. Justin Thrailkill's answer
That depends. If there is a custody order, you will need to modify that so that he can register her for school. If the order was in Georgia, and she is here now, it would be appropriate for him to file here to modify it. If you both agree to terms, this could be uncontested and an attorney could assist you for an relatively inexpensive rate.

If the order was in North Dakota, you should still consult with an attorney to see what your options are. It could be domesticated in Georgia,...

Q: I have 2 jobs if my support is be met by my 1st job can they take child support out of 2nd job as well?

2 Answers | Asked in Child Support for Georgia on
Answered on Apr 4, 2019
P. Justin Thrailkill's answer
It sounds like what you are asking is if the Court can "double dip." If the income from the first job satisfies support, and any accompanying arrears, they should clearly not be withholding from another job also. Talk to the child support office about this. If you get nowhere there, contact an attorney. Keep an accounting of any overpayments to ensure you get credit for them.

Q: does child support payments stop incurring when I am incarcerated? Why have mine been adding more debt than I owed?

2 Answers | Asked in Child Support for Georgia on
Answered on Apr 4, 2019
P. Justin Thrailkill's answer
If you are not making payments the arrearage will continue to accrue.

Q: With joint legal custody does the father have to discuss medical as well as our of state travel with me? Temp order.

4 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Apr 3, 2019
P. Justin Thrailkill's answer
See my answer to the other question you posted. Refer to the parenting plan. Your parenting plan will address this.

Q: What are the specifics of joint legal custody in Georgia? We're supposed to discuss and agree correct?

3 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Apr 3, 2019
P. Justin Thrailkill's answer
Your parenting plan will govern these issues. If you have a temporary order, this should be addressed in a parenting plan. To the extent he is violating any terms of that order, you may need to file a Motion for Contempt to address it. Consult with counsel if you do not already have counsel.

Q: Can a child go with aunt and uncle if one of them is illegal

3 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Answered on Apr 3, 2019
P. Justin Thrailkill's answer
What do you mean, "go with" an aunt or uncle?

Q: The mother of my child moved three hours away without my consent and I'm paying child support how do I fight that?

2 Answers | Asked in Child Custody and Child Support for Georgia on
Answered on Apr 3, 2019
P. Justin Thrailkill's answer
As Ms. Edwards said, you should talk to an attorney about filing for a modification.

Q: If child support payments have be agreed outside of direct DCS payments. Can DCS collect on the same amount and change

1 Answer | Asked in Child Support for Georgia on
Answered on Apr 1, 2019
P. Justin Thrailkill's answer
DCSS cannot change or modify the parenting plan. They can file to modify support though. If this happens, contact an attorney.

Q: child support court but have other child and legally financially responsible for a family member with greencard

1 Answer | Asked in Child Support for Georgia on
Answered on Apr 1, 2019
P. Justin Thrailkill's answer
No to most of what you are asking because most of what you mentioned has nothing to do with income and everything to do with expenses. If you have another child support order in place, or guardianship over another child in your household, this may affect your income by reducing it by the amount that would be legally owed to support that child. Otherwise, expense has no bearing.

Q: Prenup to protect income from previous marriage child support obligations -ASUME

3 Answers | Asked in Family Law for Georgia on
Answered on Mar 13, 2019
P. Justin Thrailkill's answer
You need to consult an attorney in Puerto Rico. In Georgia only the parent's income would matter, and that would be the case regardless of what your prenup says. Consult with an attorney in the state you plan to live to make sure that prenup meets the requirements that state sets forth. Regardless of where you live, your prenup will travel with you wherever you go. The issue is how the state you live in interprets it.

Q: My Ex bullied me into signing over full legal and Physical Custody of my son in 2011- I need that modified

2 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Mar 11, 2019
P. Justin Thrailkill's answer
You need to consult with counsel about filing a modification of custody. The moves should be enough to suffice for changed circumstances.

Q: I had custody of my son, before a judge decided to grant the mother custody and he also granted my mother visitation.

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 8, 2019
P. Justin Thrailkill's answer
To be honest it sounds like there is more going on here than what you have been able to describe. You need to sit down with an attorney and unwrap this onion to determine exactly what needs to be done to get your child.

Q: My daughter was removed from my home for being a threat to my other children. State wants child support. What can I do?

1 Answer | Asked in Child Support for Georgia on
Answered on Mar 8, 2019
P. Justin Thrailkill's answer
If she is in DFCS care you are going to have to pay child support. You need to speak with someone about representation in the juvenile court case. You are entitled to court appointed representation in a juvenile dependency case if you meet the income requirements.

I've dealt with this situation before, and there really isn't a good resolution other than to see that the child gets the mental health treatment they need to keep her and the other children safe. DFCS should be able to...

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