Questions Answered by P. Justin Thrailkill

Q: Court order says mother gets child every other weekend but she is not wanting to see our child anymore can my ex be

3 Answers | Asked in Family Law for Georgia on
Answered on Jul 18, 2018
P. Justin Thrailkill's answer
A court is not going to force someone to visit.
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Q: my child has been living with me for over 2 years and I'm still paying child support. What are my legal options?

2 Answers | Asked in Child Custody and Child Support for Georgia on
Answered on Jul 18, 2018
P. Justin Thrailkill's answer
You need to see an attorney about filing for a modification of custody and child support.
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Q: I signed settlement to pay "half of child's college education" what all will that included in court?

2 Answers | Asked in Divorce and Child Support for Georgia on
Answered on Jul 17, 2018
P. Justin Thrailkill's answer
Depends on the wording of the order. If it says "half of college education" then it will likely be construed broadly, to include tuition, room and board, books, etc. This would include private schools. If you go back to court, the court CANNOT order either of you to pay college tuition, as the child is sui juris, meaning beyond the jurisdiction of the court, at that point. I would suggest approaching your ex and discussing changes first. If you go back to court, if your ex wants any...
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Q: Is summer camp for teens consider extra curricular

2 Answers | Asked in Family Law for Georgia on
Answered on Jul 17, 2018
P. Justin Thrailkill's answer
More likely than not. Depends on what the camp is for. If this is more like a day camp, which people use for day care, and the child is 13, or not of driving age, then it is possible a court could treat it as a child care expense.
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Q: I have to pay ex wife a lump sum alimony in payments over the course of 10 years. The first year I pay $350 every month

2 Answers | Asked in Child Support and Family Law for Georgia on
Answered on Jul 17, 2018
P. Justin Thrailkill's answer
No. Lump sum alimony is treated more like property division than periodic alimony. This cannot be modified and you need to treat this like you would the payment of a debt.
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Q: Ex doesn’t want to pay half the kids electives in school she said that comes out of child support

2 Answers | Asked in Child Support and Family Law for Georgia on
Answered on Jul 17, 2018
P. Justin Thrailkill's answer
If it is for course credit, it is not an extracurricular activity. If it is something like band or football, it is extracurricular. Discuss this with local counsel. This may be something you have to address in a contempt, but a local attorney can give you a better idea where the local judges tend to lean on this issue.
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Q: I have a divorce settlement that gave my ex 90 days to refiance the home its going on 3yrs .

2 Answers | Asked in Divorce for Georgia on
Answered on Jul 17, 2018
P. Justin Thrailkill's answer
It depends on the language of the order. Take it to a local attorney to discuss your options. If it was well written, you may be able to force the sale of the home. If it was not, you may be able to file a petition to partition the property.
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Q: Will police enforce a court order visitation? My kids were taken to another state.

2 Answers | Asked in Family Law for Georgia on
Answered on Jul 17, 2018
P. Justin Thrailkill's answer
The police should, but, in reality, they may or may not depending on the circumstances. I've seen it happen both ways. You may need to consult with counsel in the state where they are about a habeas case if the cops won't help.
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Q: Dad is incarcerated, married with child (14 months) mother moved to WA. What rights does dad or g-parents have to visit?

2 Answers | Asked in Child Custody and Child Support for Georgia on
Answered on Jul 16, 2018
P. Justin Thrailkill's answer
I agree, we'd need more information. Father is going to have a hard time visiting anyone if he is incarcerated.
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Q: Can dfcs make my wife get a TPO on me?

1 Answer | Asked in Juvenile Law for Georgia on
Answered on Jul 10, 2018
P. Justin Thrailkill's answer
No, but they will tell you they can take your children if she does not. You need to see an experienced attorney NOW to stop this bullying.
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Q: Does GA have a abatement law my wife left a year nd a half ago does she still have league rights to the home

2 Answers | Asked in Agricultural Law and Family Law for Georgia on
Answered on Jul 10, 2018
P. Justin Thrailkill's answer
I agree. If the property was purchased during the marriage, it is still marital property and subject to division. Speak to a family law attorney to assist you with this case so that this matter is handled properly.
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Q: Got divorced in Utah,finalized and been paying child support on time. My ex and a daughter lives in PR.

1 Answer | Asked in Child Support for Georgia on
Answered on Jul 10, 2018
P. Justin Thrailkill's answer
Your order should specify when support stops. Talk to a Utah attorney about the matter if your order is unclear.
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Q: Extra curricular activities are split 50/50 our paperwork does not specify what curricular activities are... is

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Answered on Jul 10, 2018
P. Justin Thrailkill's answer
I would consider this an education expense, but, Regina is right. It's not worth a fight. Pay the $200.00.
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Q: Questions about incorporating post nupt terms into divorce

3 Answers | Asked in Divorce and Domestic Violence for Georgia on
Answered on Jul 10, 2018
P. Justin Thrailkill's answer
I agree. You need to speak with an experienced attorney who can do this the right way. If you do not properly incorporate this, you may miss out on alimony or property you are entitled to and it may not be possible to fix it later.
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Q: I got served papers in the state of KY 2 days before I moved to the state of GA. In which state should I find a lawyer?

2 Answers | Asked in Divorce for Georgia on
Answered on Jul 9, 2018
P. Justin Thrailkill's answer
In the state where the lawsuit exists.
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Q: Can my boyfriend be placed on child support with an ongoing custody case without having been to court to see the judge?

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Jul 9, 2018
P. Justin Thrailkill's answer
Yes, the Court can, and will, enter an order for support in the legitimation or the child support case, whichever comes before the court first. He needs to talk to local counsel about representation. In my experience, Henry County will usually dismiss the child support case if there is a pending legitimation, but only if he has counsel. Otherwise, they will keep the case open.
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Q: I'm behind on my child support, set up to have auto pay come out my check weekly but hasnt happened. Can I see my chil

1 Answer | Asked in Child Custody and Child Support for Georgia on
Answered on Jul 9, 2018
P. Justin Thrailkill's answer
Support and visitation are separate concepts. If you have a court order, she could be held in contempt for denying you visitation. If you do not have an order, you need to get a court order for visitation. Talk to an attorney about your case to see what can be done to help you.
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Q: I am unwed & pregante the father of child attacked me has been charged with family violence how do I protect us from him

3 Answers | Asked in Family Law for Georgia on
Answered on Jun 28, 2018
P. Justin Thrailkill's answer
Regina is correct. You need to file for a TPO. Once you get a TPO, he could be charged criminally if he violates it.
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Q: Can I file a motion for emergency custody in GA before my daughter is due to return to her father on July 12?

2 Answers | Asked in Child Custody for Georgia on
Answered on Jun 28, 2018
P. Justin Thrailkill's answer
No, this is a Pennsylvania case.
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Q: Can I use my son's father's address for educational purposes only and still maintain primary custody?

2 Answers | Asked in Family Law and Education Law for Georgia on
Answered on Jun 26, 2018
P. Justin Thrailkill's answer
This has more to do with the local school system than your court order. If the papers say you are the primary custodian, that is what they are going to go by. Notwithstanding this, if you lie and use his address, I think that if he were to modify it that this would give him some ammunition to say that you agree that your child would be better off living with him, in the school district where he resides.
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