Questions Answered by P. Justin Thrailkill

Q: Do I need legitimized father’s consent to move into newly purchased home with 2 year old daughter?

3 Answers | Asked in Family Law for Georgia on
Answered on Aug 8, 2018
P. Justin Thrailkill's answer
If your child is only two, then the form he signed at the hospital likely does not amount to a legitimation. What he signed is likely a paternity acknowledgement. Administrative legitimations were abolished in Georgia as of July 1, 2016. Even if your child was born prior to that date, and he did sign an administrative legitimation, it does not give him any rights to custody. He still has to go to court to file for custody.

While it is possible he will file something to create...

Q: Can a non custodial parent that has met all criteria for abandoning their child just come back?

1 Answer | Asked in Family Law for Georgia on
Answered on Aug 7, 2018
P. Justin Thrailkill's answer
They can. It really just depends on what you are asking. If you are asking if you can deny them visitation, the answer is maybe. It really depends on what type of visitation they have and what kind of involvement they are looking for. It also depends on how long they've been gone, as well as other factors. You'd be best served consulting with a local attorney and going into more detail about the facts.

Q: Should I get sole custody papers in Georgia if I'm the custodian and the father isn't legitimized

1 Answer | Asked in Child Custody for Georgia on
Answered on Aug 7, 2018
P. Justin Thrailkill's answer
You can't do that. You already have sole custody, because there is not an order out there saying otherwise.

Q: How long does it take to get child support .. I had a order and dropped it. But decided to reopen it..

1 Answer | Asked in Child Custody for Georgia on
Answered on Aug 7, 2018
P. Justin Thrailkill's answer
It just depends. Sometimes the process may be longer or shorter depending on intervening factors. Usually you are looking at 3 to 6 months total.

Q: I've been separated not legally for 3 yrs. 12yr old son lives with me and visits dad every weekend and holidays and

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Answered on Aug 7, 2018
P. Justin Thrailkill's answer
The court is not likely to accept your documentation if there is no support. It depends on the circumstances, and a skilled attorney may be able to work it out to where there is no support, but it is not likely. That said, you need to be getting support. Doing this just to get him to sign is going to cost you in the long run. You'd be better off going to court and taking your chances, even if it is on your own. I wish I knew of a way to get you some assistance in Lumpkin County, but I...

Q: After a petition to modify child support is filed along with a rule nisi request, what are the next steps in the proces?

3 Answers | Asked in Child Support and Family Law for Georgia on
Answered on Aug 7, 2018
P. Justin Thrailkill's answer
You need to retain counsel to assist you with this. Why are you scheduling a temporary hearing? If you have the information to modify support, what is the point of prolonging the situation? Talk to an attorney about helping you with this so that you get this right and give the issue the attention it deserves.

Q: If the non custodial parent is married and has a kid and his wife is a sucessful doctor does that impact his payments?

3 Answers | Asked in Family Law for Georgia on
Answered on Aug 7, 2018
P. Justin Thrailkill's answer
His spouse's income is irrelevant to what his child support is going to be. If they have a child together, and that child lives with them, then this child would likely qualify as an "other qualifying child" for purposes of the worksheet. What this does is basically reduce his income, for purposes of calculation, by the amount he would've been ordered to pay if he were ordered to pay support for that child also.

Q: As the custodian parent does that mean I have sole custody. Child has not been legitimized.

2 Answers | Asked in Child Custody for Georgia on
Answered on Aug 7, 2018
P. Justin Thrailkill's answer
Yes, you have sole custody. He has no rights if he's not been legitimized.

Q: Where do you find a consent legitimization order?

2 Answers | Asked in Child Custody for Georgia on
Answered on Aug 7, 2018
P. Justin Thrailkill's answer
You can try finding one online through the Fulton or DeKalb County family law information centers. If not, you will need to prepare it on your own. Your best bet is to retain counsel to do this right.

Q: Is it possible to have a lawyer write up/judge sign a document stating dad doesn’t have custody per GACode Title19 Ch7?

3 Answers | Asked in Child Custody and Family Law for Georgia on
Answered on Aug 7, 2018
P. Justin Thrailkill's answer
I agree with Ms. Edwards. I think this is what you are looking for.

Q: The father of my baby is 17 and will be 18 when my baby is 5months. Does his mother have any legal rights?

2 Answers | Asked in Child Custody for Georgia on
Answered on Aug 6, 2018
P. Justin Thrailkill's answer
He has no rights and she has no rights. He would need to file to legitimize to establish rights. He does have an obligation to pay child support. You need to file to get this started ASAP.

Q: Is there a way to prove the father has not legitimized the child?

3 Answers | Asked in Child Custody and Family Law for Georgia on
Answered on Aug 6, 2018
P. Justin Thrailkill's answer
No. The burden is on him to prove he has. It would require a court order, so, if he doesn't have that, he hasn't legitimized the child.

Q: At what age can an autistic minor choose which parent to live with?

3 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Aug 6, 2018
P. Justin Thrailkill's answer
The law doesn't modify the ages for parental selection based on disabilities. It really is for the court to determine whether it is in the child's best interests to live with the parent selected and to determine whether the child has made this decision independently.

Q: What does the law say about when one divorced parent wont bring back the child?

2 Answers | Asked in Child Custody for Georgia on
Answered on Aug 6, 2018
P. Justin Thrailkill's answer
Call the police as a first step. If that doesn't work talk to a local attorney near where the father lives about filing a habeas action. Good luck.

Q: Is there any way to have rights to my friend's son?

3 Answers | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Georgia on
Answered on Aug 6, 2018
P. Justin Thrailkill's answer
Sorry, but the only option is for the parents to sign over guardianship to you. If they don't want to do that, there is nothing you can do to gain rights.

Q: My aunt was granted temporary custody . and in 2 mo. Theres a permanant custody hearing. Do i counterclaim custody?

1 Answer | Asked in Child Custody for Georgia on
Answered on Aug 3, 2018
P. Justin Thrailkill's answer
This all depends on what was filed. Even if you cannot afford an attorney, it would behoove you to attend a free consultation and get some perspective on what you need to do.

Q: if me and my Childs mother reach an agreement in regards to child support and we both sign it. can she go back on it?

2 Answers | Asked in Child Support for Georgia on
Answered on Aug 3, 2018
P. Justin Thrailkill's answer
If it is not incorporated into a court order it is not binding. You need to talk to an attorney, as there may be some other issues here concerning custody.

Q: Gun license put on hold, need some guidance

2 Answers | Asked in Gov & Administrative Law, Criminal Law and Family Law for Georgia on
Answered on Aug 2, 2018
P. Justin Thrailkill's answer
First, you need to pull your criminal background so that you know what is out there. Start in Georgia, if you are here, then go to California and pull that one. If there is anything on it, you need to speak with an attorney in the state showing something in your background about whether expungement of your arrest is an option. This depends on the disposition of the case as well as the respective state's law. Good luck to you.

Q: My ex wife has moved out of state with a one day notice and will violate my weekly visitation order.

4 Answers | Asked in Family Law for Georgia on
Answered on Aug 2, 2018
P. Justin Thrailkill's answer
That all depends. Talk to a local attorney about helping you out with this.

Q: What are the results of a custodial parent taking kids out of state to live without a 30 day notice.

4 Answers | Asked in Family Law for Georgia on
Answered on Aug 2, 2018
P. Justin Thrailkill's answer
That's impossible to say. Punishment is up to the judge.

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