Questions Answered by P. Justin Thrailkill

Q: My husband quick deeded his half of our home to our daughter two years ago now we’re divorcing. Do I have to sale?

2 Answers | Asked in Divorce for Georgia on
Answered on Sep 13, 2018
P. Justin Thrailkill's answer
That depends on alot of things. The court cannot force a sale if your daughter is on the house, but there is still the matter of the mortgage. Schedule an appointment with counsel to sit down and discuss your options.

Q: Married seperated couple in 2 diff. cities. Hubby on child support but they want to reconcile. How he get off of c.s ?

1 Answer | Asked in Child Support for Georgia on
Answered on Sep 13, 2018
P. Justin Thrailkill's answer
They need to reconcile and move in together. Notify child support that they are living together and they can stop collection. The order will not go away, but by living together and paying bills that will suffice as support. Child support enforcement may agree to file a modification to stop support entirely.

Q: The mother and I signed away custody of our child to my mother while we were young. How do I get my custody back?

1 Answer | Asked in Child Custody for Georgia on
Answered on Sep 13, 2018
P. Justin Thrailkill's answer
You need to schedule a consultation with an attorney to peel this onion back and see what needs to be done. It sounds like it may be a guardianship, but that is not necessarily the case. Guardianships are pretty easy to terminate, but it it is something else you may need to take a different approach. Contact an attorney and schedule an appointment to sit down and discuss this issue with them so that you both can create a plan of action and implement that plan as appropriate. Good luck.

Q: How do I regain custody of my children?(13 &16).Signed over to sister in 07.

1 Answer | Asked in Child Custody for Georgia on
Answered on Sep 10, 2018
P. Justin Thrailkill's answer
You need to bring any paperwork you have to an attorney to discuss your options. It sounds like a temporary guardianship, but I'd have to see the documents to know for sure. This can be terminated relatively easily, but you need to confirm that is what it is by talking with an attorney.

Q: in 2008 my husband left,can I get back child support from 2008 if we are divorcing now in 2018?

3 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Answered on Sep 10, 2018
P. Justin Thrailkill's answer
No, you can't get back support. You need to retain counsel to represent you in the divorce so that these issues are addressed there.

Q: I married a guy who is not a citizen, I now need a divorce, what do I do?

3 Answers | Asked in Family Law for Georgia on
Answered on Sep 7, 2018
P. Justin Thrailkill's answer
File for divorce in the county where he resides. His citizenship status is irrelevant. It is based upon location of residence.

Q: How many payments of child support do my ex husband has to miss before they come after him

2 Answers | Asked in Child Support for Georgia on
Answered on Sep 4, 2018
P. Justin Thrailkill's answer
There is no set number. It is up to you to enforce the order, whether that be through child support enforcement or through a private action. I would encourage you not to file after one missed payment. A court would also prefer to see you try to resolve the issue with the child's father prior to coming back to court.

Q: I have a custody case on 9/12/ 18 will it be hard to get a lawyer to take on the case in this short time in canton ga

2 Answers | Asked in Child Custody and Child Support for Georgia on
Answered on Aug 30, 2018
P. Justin Thrailkill's answer
Not necessarily. Start calling around to local attorneys to discuss this with them.

Q: My daughter in law was getting child support from my son. My son moved back in and she stopped it. He moved out again.

3 Answers | Asked in Divorce for Georgia on
Answered on Aug 30, 2018
P. Justin Thrailkill's answer
Yes. Child support never stopped, he can only defend against the amount due by saying he provided for the household while they lived together.

Q: I am married, separated, and am having a child with someone other than my husband. I want the biodad listed on the BC

2 Answers | Asked in Family Law for Georgia on
Answered on Aug 28, 2018
P. Justin Thrailkill's answer
Unfortunately, it is likely not that easy. My understanding is, if you are married, the hospital will not let anyone other than your husband sign the birth certificate. If they will let bio dad sign the paternity acknowledgement, that probably will clear things up in the event of a divorce. However, this will not establish custody and this will not establish child support.

If they will not let the bio dad sign, he is going to need to file for legitimation. He will need to file,...

Q: Is the custodial parent required to provided necessities for the child while in the care of the non custodial parent?

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Aug 28, 2018
P. Justin Thrailkill's answer
Your paperwork isn't going to spell out every detail. You should send your child with some clothes. If you have a current case, you can address this with the court if the clothes are not coming back. You aren't required to send food, if that is what you are asking. Sending that letter was a bad idea, as it demonstrates your refusal to work through a common sense issue like this. Make your child the priority and you'll eliminate some of these issues.

Q: Child is taking a field trip with one of her high school course credit class would her field trip fall under the

2 Answers | Asked in Family Law for Georgia on
Answered on Aug 28, 2018
P. Justin Thrailkill's answer
I think reasonable minds could disagree about this. If it is for course credit, I wouldn't say it was an extracurricular activity. Extracurriculars are things like marching band, football, baseball, Beta Club, etc. You don't get course credit for extracurriculars. This would probably be better categorized as an educational expense.

Q: My cousin's children have been removed from our home last year ..

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Aug 27, 2018
P. Justin Thrailkill's answer
You can file whatever you want, but you have no right to the children and it is not likely you were discriminated against in this decision (as you have zero right to placement of your cousin's children). If you can find an attorney willing to take your money, you should seriously consider whether that person is conning you.

Q: Can I do emergency take away of my grandson if his dad(my son) is not ligitamized. Grandson in danger.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Aug 27, 2018
P. Justin Thrailkill's answer
The best option you have is to encourage your son to legitimize and take custody. You could file an independent custody case as well, or even file a private dependency application. Talk to an attorney about which option would be right for you based on the circumstances.

Q: My daughter was arrested and I need to know what my rights as a grandparent are?

2 Answers | Asked in Family Law for Georgia on
Answered on Aug 27, 2018
P. Justin Thrailkill's answer
Like a lot of legal questions, it depends on further facts. Make an appointment to speak with a local attorney to discuss the situation.

Q: Do I have any rights in an Open adoption? I am the mother of child father's rights recently terminated.

2 Answers | Asked in Family Law and Adoption for Georgia on
Answered on Aug 27, 2018
P. Justin Thrailkill's answer
Unfortunately, that's not how this works. If you consent to an adoption, you are consenting to the complete and total termination of your parental rights. Once you've signed, and the statutory time frame to change your mind has expired, the Court will terminate your rights with respect to the child. At that point, legally, you are no more related to the child than I am.

Q: Is it possible to have alimony reduced?

3 Answers | Asked in Divorce for Georgia on
Answered on Aug 27, 2018
P. Justin Thrailkill's answer
It depends on when the order was entered and what type of alimony it is. Talk to a local attorney and they'll get some more information from you. With more information, they may be able to give you a better idea of what you're looking at.

Q: Can biological father appeal ruling of denied ligitimazation of child

4 Answers | Asked in Appeals / Appellate Law, Child Custody and Family Law for Georgia on
Answered on Aug 27, 2018
P. Justin Thrailkill's answer
It really depends. The court is given a great deal of discretion here, and the appellate court is generally not going to interfere with that discretion. Depending on your situation, and why you were denied, you may be better served by waiting a few years and trying again.

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