P. Justin Thrailkill's answer You need to retain counsel to assist you with this. You'll need to get the court to order a paternity test and that test must show that there is 0% chance of parentage. See the following: https://law.justia.com/codes/georgia/2010/title-19/chapter-7/article-3/19-7-54/.
P. Justin Thrailkill's answer You can get an adult guardianship if you can prove that he cannot care for himself. Talk to local attorneys where he lives and discuss with them your chances of getting him declared incompetent and taking guardianship over him.
P. Justin Thrailkill's answer I agree with Ms. Edwards. You need to file for divorce and ask the court for emergency relief to allow you to find a new place and keep the kids fed. If there is an eviction order already, there is no longer anything you can do to delay it. Talk with counsel ASAP to address this.
P. Justin Thrailkill's answer There is no way for someone to know that without knowing more about your case. It is possible you overpaid and it was improperly withheld. You need to be the one to keep track of what you owe. Do not count on them to do it. They can make mistakes, just like everyone else, and if you are not there with the correct information to check them, it could end up causing you problems down the road. Be diligent in keeping records of what you've paid.
P. Justin Thrailkill's answer Yes, you can. This is a form of child support. Typically the uncovered medical expenses would be split. There is always a debate about orthodontic and dentistry, and whether or not that is medical, but if you notify your counsel, and are specific with your requests to the court, this should be addressed in your decree.
P. Justin Thrailkill's answer Not without their approval. Some cases they will recommend guardianship under a consent order, but making that move without their approval is likely only going to make the situation worse. Talk to your counsel and see if a consent order for guardianship is possible to end the case.
P. Justin Thrailkill's answer See answer to your other question. You aren't the first to try this, and won't be the last. It never works. You aren't going to game the system, because I promise you that they've seen it all before. You need to work with DFCS, and work your case plan, to get them out of your life. There are not shortcuts.
P. Justin Thrailkill's answer No one HAS to cooperate with DFCS. Depending on the circumstances, it may or may not be beneficial. If this father intends to legitimize the child, it may be a good idea to cooperate. Consult with counsel about the details of the case so that you can get some more detailed advice on the subject.
P. Justin Thrailkill's answer It is quite possible that could happen. The court will need to determine what is in the child's best interest. If you waited ten years to legitimize your child, a court may determine that it is in the best interest of the child not to legitimize you.
P. Justin Thrailkill's answer IF, and it is a big IF, you were to be granted an ex parte hearing with a judge, the judge is required to set it for a hearing as soon as possible thereafter and to provide the other party notice of that hearing. IF, another big IF, the Court grants your motion, then the Court will enter an order and it will need to be served upon the opposing party with the summons, complaint, ex parte order, and a rule nisi for the follow up hearing. All of that must take place prior to the hearing.
P. Justin Thrailkill's answer Technically it depends on the order. It could be filed under the grandparents custody statute, though not likely if it's been in place for a while. If it was established through the probate court, it is likely a permanent guardianship. However, either way, so long as you have a court order, I think it is fair to answer that question in the affirmative that, yes, you are her "legal guardian."
P. Justin Thrailkill's answer If you can prove she still lives there, you could file a motion to modify based upon that. However, if this is a temporary situation, and she's headed to South Carolina, I wouldn't waste my time.
P. Justin Thrailkill's answer I'd suggest retaining counsel to fight it. You thinking it is unfair doesn't change the fact that it happened. If you represent yourself, you are held to the same standards attorneys are. You are not entitled to a court appointed attorney in civil cases.
P. Justin Thrailkill's answer Follow what the decree says. You were there, I wasn't. I cannot tell you why it was written that way. It is unusual, but the plain language of the order is clear if that is what it says.
P. Justin Thrailkill's answer I don't agree with my colleagues. If the expense was incurred prior to her turning 18, then it is still split. All you are doing is paying on an installment plan. Anything incurred after 18 would not be reimbursable, but this sounds like it is.
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