Questions Answered by P. Justin Thrailkill

Q: what form do i use to petition the juvenile court for a hearing to dismiss a temporary custody order?

1 Answer | Asked in Child Custody and Juvenile Law for Georgia on
Answered on Dec 14, 2018
P. Justin Thrailkill's answer
There isn't a form. Attorney's and pro se litigants are expected to draft their own pleadings. If you don't know how to do that, you should retain counsel that does.

Q: Georgia Law question: if a restraining order is obtained for a minor against someone (no third party contact included),

1 Answer | Asked in Juvenile Law for Georgia on
Answered on Dec 14, 2018
P. Justin Thrailkill's answer
Your fact pattern is confusing. By "served person" are you meaning the protected party? Is the protected party an adult? You need to sit down with counsel for a consultation and explain this situation in more detail.

Q: Proven sobriety. 8 months. Worked with counselor. When should they come home? I violeted a court order let dad see them

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Dec 13, 2018
P. Justin Thrailkill's answer
This sounds like it has less to do with your sobriety than it does about your ability to follow court orders. Talk to counsel about where you need to go from here to defend this.

Q: Hey u have a couple questions about my dfc case ?

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Dec 13, 2018
P. Justin Thrailkill's answer
I don't, but it sounds like you do. I'd encourage you to speak with counsel about your questions.

Q: If I have a DNA test proving my son is mine, and I’m legitimized how do I go about getting custody to my son?

1 Answer | Asked in Child Custody for Georgia on
Answered on Dec 13, 2018
P. Justin Thrailkill's answer
Custody will be addressed inside of the legitimation action. A positive DNA test alone is not enough to legitimize you. You still need to file a legitimation action and ask the Court to award you custody and visitation and to address support.

Q: Do I have to have a lawyer to terminate child support when my child turns 18? She dropped out of school. I am the NCP.

2 Answers | Asked in Child Support for Georgia on
Answered on Dec 13, 2018
P. Justin Thrailkill's answer
Not necessarily, but it is not as easy as just stopping payments. You need to get a declaratory judgment noting that child support will be stopped because the child is no longer in school. If you don't know how to do this on your own, I'd suggest hiring a lawyer.

Q: Can I get justice for being groomed

1 Answer | Asked in Federal Crimes, Internet Law, Juvenile Law and Sexual Harassment for Georgia on
Answered on Dec 12, 2018
P. Justin Thrailkill's answer
Report this to the police and let them handle it.

Q: Can Child S. Agency make a father continue paying Child Support past age 18 even if child is still in High School.

2 Answers | Asked in Child Support for Georgia on
Answered on Dec 12, 2018
P. Justin Thrailkill's answer
Their job is to enforce it. They can modify it if requested to, but they would've served you with notice if this was to happen. Most orders would say support is paid until the child graduates from high school, but there are exceptions. You need to speak with counsel about representation if you cannot get them to stop it and the order says it is to stop.

Q: What is the best child visitation schedule?

2 Answers | Asked in Child Custody for Georgia on
Answered on Dec 12, 2018
P. Justin Thrailkill's answer
That's like asking what is the best type of ice cream. It's a matter of personal preference and what works for your family.

Q: How can I find out how much alimony will be paid before I file.

2 Answers | Asked in Divorce for Georgia on
Answered on Dec 11, 2018
P. Justin Thrailkill's answer
You can't. That's based on the facts of the case and the discretion of the judge.

Q: I have custody as a single father from DFCS for over a year can I keep it

2 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Dec 11, 2018
P. Justin Thrailkill's answer
You need to talk to a local attorney about what you need to do to maintain rights. You don't provide enough information here to give anyone an idea of what is going on with your case.

Q: I live out of state an trying to get custody of my son. The mother is deceased an the court granted the grandmother

2 Answers | Asked in Child Custody for Georgia on
Answered on Dec 10, 2018
P. Justin Thrailkill's answer
Contact an attorney in Georgia about proceeding with a legitimation. It is not a color by numbers operation, meaning it is not something someone can just tell you how to do. You need professional help, especially given the fact that the mother is now deceased and there is some sort of custody proceeding whereby the grandmother has gotten custody. Good luck to you.

Q: I been married 14 years have Tenn License. It didnt last 72 hours. He went to Jail. The judge told him he better take

2 Answers | Asked in Divorce, Family Law, Personal Injury and Domestic Violence for Georgia on
Answered on Dec 10, 2018
P. Justin Thrailkill's answer
Not likely an alimony case. If he is in another state, you need to file where he lives.

Q: Does child support continue to accumulate if the payee goes to prison?

1 Answer | Asked in Child Support for Georgia on
Answered on Dec 7, 2018
P. Justin Thrailkill's answer
Yes, child support accrues even while someone is in prison. You could file for a modification of support, but, if they are in prison, it's hard to argue their earning capacity hasn't been diminished.

Q: Recently won custody of 15 yo son. Child support stopped but sent payment to another mother who refuses to give it back.

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Dec 7, 2018
P. Justin Thrailkill's answer
Even though they screwed up, unfortunately, you can't get this back. Just deduct it from what you would've paid her for next month. Make sure they account for it in their system to show the overpayment.

Q: Am I responsible for private school tuition when public school is free?

2 Answers | Asked in Child Support for Georgia on
Answered on Dec 7, 2018
P. Justin Thrailkill's answer
Read your custody order. It will say who has final decision making authority for educational decisions as well as if private school costs are shared by the parents.

Q: I was served today with contempt/modification paperwork in my home town of Tampa, by my ex through Cobb County,

2 Answers | Asked in Family Law for Georgia on
Answered on Dec 6, 2018
P. Justin Thrailkill's answer
Was the case filing in Georgia or Florida? Depending on how long you've been in Florida, and where the original case was, it may not be appropriate to have the case in Cobb County. Talk to an attorney ASAP, as that objection needs to be raised within 30 days.

Q: Can I sue the Division of Human Services Child support for slander, not giving customer service?

3 Answers | Asked in Child Support, Civil Litigation and Family Law for Georgia on
Answered on Dec 5, 2018
P. Justin Thrailkill's answer
In short, no. It is your obligation to make sure that you are current on support. Even if they make a mistake, or have lousy customer service, it is your responsibility to see to it that your obligation is met.

Q: I am an unwed mother in Ga. Where do I get a legal document that shows I have sole custody? What do I file to get it?

2 Answers | Asked in Child Custody and Family Law for Georgia on
Answered on Nov 30, 2018
P. Justin Thrailkill's answer
Agreed. That is about your only option. If no father is listed on the birth certificate, sometimes that is good enough for the Dept. of State. However, depending on where you are going, some countries require permission of the other parent to travel to their country.

Q: How long do I have for an appeal on a final order for custody?

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Nov 30, 2018
P. Justin Thrailkill's answer
Agreed. You need to file a Notice of Appeal within 30 days and order the transcript. Once the case is docketed you will file a brief with the Court of Appeals. I'd encourage you to retain appellate counsel to assist you with this matter.

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