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Questions Answered by P. Justin Thrailkill
1 Answer | Asked in Family Law for Georgia on
Q: I’m 25 i live in Mississippi. My sister 14 is in a group home in Georgia. I need to know what can I do to bring her home

She has been in the group home for over 30 days I need to know what can I do to bring her home I have not seen or spoken to my sister in over 7 years.

P. Justin Thrailkill
P. Justin Thrailkill answered on May 30, 2019

You need to schedule a consultation with an attorney in Georgia and let them know everything you know about this case, including why she is in the group home and what happened to your parents. The answer to your question could be a number of things, but no one can properly advise you without all... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: So whats the next step I need to take to get visitation rights with my daughter? Even though its been 3 years can I

Still file something now and get rights to see her ?

P. Justin Thrailkill
P. Justin Thrailkill answered on May 30, 2019

There is a great deal more information that an attorney would need to be able to answer your question. You need to reach out to an attorney and schedule a consultation to discuss your case and your options going forward.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: How many days before first court date for divorce are you required to provide all of your evidence to opposing counsel?
P. Justin Thrailkill
P. Justin Thrailkill answered on May 30, 2019

That depends on several things. Have they filed discovery requests? If so, do those requests include a Notice to Produce? When were those requests served? Discuss this with counsel as soon as you can.

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2 Answers | Asked in Child Custody for Georgia on
Q: If my daughter and her mother live in a different state then I do and has filed papers for custody.

How do I find out the court date set? Is there anyway i can win visitation?

P. Justin Thrailkill
P. Justin Thrailkill answered on May 29, 2019

You would have to be served with notice of the Court date. If you are concerned you did not get notice, contact the Court where the action is filed and ask the clerk if a hearing has been scheduled in your case. You'll need to give them the case number.

As far as your second question, no...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Q: can any one give me some advice. thay have taken my nieceaway

from my brother me and my wife of 26 years she is stay at home mon I have been on my job and address

for more 3 years. me and my wife would like to try to get some kind of custody or if nothing else to get her home with

us. until my brother can get every thing taken care of that... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on May 23, 2019

First, don't put your name and contact information in this forum. This is not for the solicitation of business and putting this information on a public forum could negatively impact any case you may have.

As far as your question, it sounds like a complicated situation. If the child was...
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3 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Can the absent parent sign over their rights to kids? They don’t want to pay child support and wants to sign over right
P. Justin Thrailkill
P. Justin Thrailkill answered on May 23, 2019

No, it doesn't work like that. Under Georgia law, even if they were able to terminate their rights, the parent would still have an obligation to pay child support.

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2 Answers | Asked in Child Support for Georgia on
Q: Child support matter

I have 3 kids ages 18 16 and 11 the one 18 fixing to emancipate but I was told by friends it doesn’t matter my child support payments will stay the same until my last child graduate is that true? It been 3 years do you think I need to go for a review

P. Justin Thrailkill
P. Justin Thrailkill answered on May 23, 2019

It depends on your order and how it is written. Even if the order doesn't automatically reduce support, you still have the ability to file for a modification of support once the 18 year old emancipates. You can apply to modify through the local child support office at a nominal cost if you decide... Read more »

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Georgia on
Q: Can I have a CPS case reopened?

My son was shaken in 2017 CPS took my kids and opened a case on me. It was found I didn’t have anything to do with it or know about it. It was found I was a work at the time. They charge me with failure to protect and Child in danger meant. After finding out I was innocent My case remained open.... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on May 20, 2019

What are you trying to do? Are you wanting the case reopened? If so, why? It sounds like the previous case was dismissed. If this case never reached court, it likely never made it past the investigation stage. If the investigation found you were not responsible, the case would be closed. If... Read more »

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: I have an active case with DCSS in GA can I still file child abandonment against the NCP.

Over 6 yrs no contact with our children, more than $20,000 in arrears, over 90 days no payments.

P. Justin Thrailkill
P. Justin Thrailkill answered on May 20, 2019

Yes, you can. That may make you feel better about it, but the bigger issue is getting paid. If he's incarcerated on child abandonment charges, how can he earn money to pay you? The Court will likely incarcerate him for contempt anyway. Depending on the county, they can put him on work release... Read more »

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: I've filed for child support and my court date is in July. What to expect at this court date?
P. Justin Thrailkill
P. Justin Thrailkill answered on May 6, 2019

If you filed through the child support office, there is nothing for you to do other than show up and provide any documentation they ask for. The case is brought in the name of the child, so, technically, it is out of your hands at this point.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Georgia on
Q: How can I stop my ex wife from using her crazy friend and her husband as babysitters for my 5 y.o. daughter?

The woman is bipolar, manipulates ex wife and has had violent outbursts at work The husband hacked into my laptop, email accounts, travel, Expedia, HSA account, mobile phone account and printed all of this. He has also planted spy cameras in ex wife's home, office and filed a TPO on his 15 y.o.... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 30, 2019

Personal issues between you and these people is not going to be enough to prevent them from babysitting. If you have genuine concerns for your child's safety in the care of these people, you may want to talk to counsel about filing for a modification of custody and visitation and asking a court to... Read more »

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1 Answer | Asked in Divorce for Georgia on
Q: I was Married in Florida , and moved to Ga 2 1/2 yrs ago, my husband just asked for divorce , I did nothing wrong, he

just doesnt want to be married anymore , it's his 5th marriage and my first ...a total of 5 years 4 months weve been married ...I gave up my car for his new truck , he let the new truck get repossessed, now I have no car or truck ! He wants me to sign off on deed and walk away, do I have any... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 30, 2019

You certainly have rights. You need to sit down with an attorney and discuss your options based upon the facts of your specific case. Don't sign anything until you've spoken with counsel.

1 Answer | Asked in Child Custody for Georgia on
Q: What kind of law does CPS fall under in ga? Including their duties and parental rights
P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 23, 2019

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.

2 Answers | Asked in Family Law for Georgia on
Q: my husband an I separated after 3 years. I had my house and truck before we were married. can he take my property
P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 17, 2019

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.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If I'm left money in a will is the executor responsible in getting that to me?

Is there a way to find out if my dad's pension & life insurance was left to

P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 16, 2019

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... Read more »

2 Answers | Asked in Child Custody for Georgia on
Q: What step i need to take to get my daughter back? Father refuse to communicate with me and i would liked joint custody?

In 2015 I let the child move with her father until i got myself back on my feet, i send father a notarize letter saying to keep her 2017, in 2016 he send me a document called Legitimation form; i volunteer sign it Because he needed to register the child in school and doctors. Is been 3 years i... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 15, 2019

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.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: What happen if father filed for sole custody using a false adress for the mother?

I am not sure if father had filed anything. But i am curious to know if he does what can happen if father use a false adress for me? So i wouldnt receive the court order.

P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 15, 2019

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... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can I trust a court-appointed defender in Dekalb County, where DFACS has unlawfully taken my 22-month-old daughter?

I definitely have a case here, I simply cannot afford representation at this moment, at least not all at one time. I start a new job as soon as this case is resolved that will afford me to pay for a private attorney. I am 38 years old, and a victim of repeat abuse from my daughter's father, who was... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 10, 2019

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... Read more »

1 Answer | Asked in Child Support for Georgia on
Q: Settled a workers comp case in 2015 had child support lien . Lien was changed but they refuse to honor it. Need lawyer

Child support lien was $19,000 it was changed to $10,000 they have been taking my income taxes every since and have been made to pay weekly back child support. Have all the proof.

P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 10, 2019

This is not a forum to solicit representation. You need to start contacting lawyers in the area where your order is.

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