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Questions Answered by P. Justin Thrailkill
1 Answer | Asked in Family Law for Georgia on
Q: if the judge recused herself before signing the final order, do i need to file a motion de novo or is that automatic?
P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 26, 2019

I would need more information to answer your question. If you are saying that the judge signed an order after entering a recusal order, you may want to file a motion to set aside that order. However, it just depends on what that order entails. Talk to counsel to discuss the specifics of the case.

3 Answers | Asked in Child Custody, Education Law and Family Law for Georgia on
Q: Can I enroll in high school at 18 or without a legal guardian?

I'm moving out of my mom's house because of financial reasons. She can no longer support me while I finish high school so I'm moving in with family friends that can. They are in a different county but same state (Georgia) Can I (or they) legally enroll me in the high school there because my mom... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 26, 2019

I agree with counsel. This really isn't a legal question. Your issue has more to do with residency and registration requirements of the school.

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3 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Can you take on a Court that made an error by not filing the child visitation they ordered?

It was ordered by the court in front of both parties and their lawyers. That error caused the child's father to be able to move her several states away and cut off contact with the mother.

The Court ordered the visitation in the courtroom that day with everyone and their lawyers present... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 26, 2019

I agree with counsel. You need to discuss this matter with your attorney. If you don't have one, you need to get one.

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1 Answer | Asked in Child Custody for Georgia on
Q: I am the mother of the child. The father has nothing do with his child. the lady that has my son use help lady that

The lady that has my son use to help a lady that use to foster kids. She learn from them to keep the kids way from there parent's

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 25, 2019

I don't know what your question is, but I doubt that the person fostering your child is the reason the child is in foster care. You need to consult with local counsel about representation to get your child back.

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What can the NCP do without paying excessive attorney fees when a CP kicked the child out the house?

The CP met the NCP in TN with the child to live with NCP but when NCP asked CP to stop child support the CP called the school where NCP enrolled child and reported child kidnapped and cane and got the child from Kentucky and took the child to live with grandparents.

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

First, is this a Georgia case? If so, you can contact counsel about modifying custody. What is excessive is up to you. If you could agree that you'd take the child, it could be uncontested, but it doesn't sound like that is likely if she won't agree to stop support.

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1 Answer | Asked in Child Support for Georgia on
Q: I am the non custodial parent, the custodial parent passed away in oct of 2018, im still paying support . and my taxes

I am in Georgia with the support ordered issued here, she was in ca. but lived and passed away in Nevada, they refuse to close the case as they have no obituary or death certificate. is it my responsibility to acquire these ? they have taken my tax return and continue to require support. I am... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 11, 2019

The question is, "where is the child?" If you don't have the child, you still have an obligation to pay support to someone. Talk to counsel about your options to clear this up.

1 Answer | Asked in Family Law for Georgia on
Q: Sometimes my child doesn’t want to come visit me during my visitation weekend so he stays at his moms during my weekend

Why can’t it work vise Versa? What if I don’t want to see him occasionally as well? Can I just send an email to his mom letting her know? Just as she sends me emails saying he is unavailable or he just wants to stay home.

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 8, 2019

You can do that if you'd like the Court to reduce your visitation time or hold you in contempt. Otherwise, I'd say man up and work things out with your kid so that he actually wants to visit with you.

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is there a stature of limitations on filling contempt charges as it relates to a divorce agreement? (See Below)

This does NOT have to do with visitation OR child support. This has to do with other financial aspects of the agreement related to debt at the time of divorce and medical expenses.

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 6, 2019

Not necessarily. If you've sat on your rights and not done anything about the issue for a period of time, the court may find that it is barred by the doctrine of laches, which is similar to a statute of limitations, though there is no specific time period.

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2 Answers | Asked in Divorce for Georgia on
Q: As the defendant, can I file a motion to dismiss a divorce under these circumstances?

My wife and I have lived in separate states for a couple of years and my kids have been living with *me* for the last year. She filled for divorce in her state of Georgia about 3 months ago. Since then, I've moved from state to state, currently residing in Florida, and have not yet filed a response... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 6, 2019

If you haven't lived in Georgia then jurisdiction and venue is inappropriate and she cannot file a divorce here. That said, objections to jurisdiction and venue are called "affirmative defenses" that need to be raised in your answer. If you were served three months ago, which is unclear, the... Read more »

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3 Answers | Asked in Family Law, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: How do I terminate my parental rights in the state of GA? I have 2 children from Ex wife!

My ex wife and I have two boys who she have kept from me. I got married in 2016 and was put on child support. I am tired of being harassed and I’m tired of my children getting hurt by me trying to contact them. I currently have two girls by my current wife and none of us are allowed to contact... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 5, 2019

Terminating your parental rights is not an option. That will only happen in a step-parent adoption. It doesn't sound like you are exercising the rights you have, so they may as well be terminated. Also, and more importantly, terminating your parental rights does not terminate your obligation to... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: What does equitable distribution law mean when relating to property bought with one spouse's money and in their name?
P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 4, 2019

It means if you bought it during the marriage, it belongs to both of you, regardless of who's name it is in, except with a few limited exceptions (i.e. gifts, inheritance).

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3 Answers | Asked in Divorce for Georgia on
Q: If I am moving out of state in 3 months, but want to file for divorce, where should I file?

My husband is active duty military and will be moving to another state as well. I am not sure if I should wait to file in the state I am moving or if it would be best to begin the process here.

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 4, 2019

It's your decision, and is really a matter of convenience to a degree. If he is military, he has a state that is listed as his home state. You can file there as well as here, or you can wait until he obtains residency elsewhere and file there. It really just depends on where each of you are... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: If I have guardianship of my granddaughter, what would I do to get full custody?

The mother is unfit and has drug issues

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 1, 2019

Do the parents have visitation? How did you come to get guardianship? This is something that is probably best for you to sit down and discuss with an attorney in a consultation. Most attorney's offer free consultations.

3 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Paper states that I pay child support until child becomes 18 years of age, dies, married or otherwise enrolled in and

Attending secondary school on a full- time basis, then support shall continue until the child completes secondary school but support is not required after child attain 20 years of age. Am I obgliated to pay child support if my child is enrolled in dual unrollment at the high school? If my child is... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 1, 2019

If the child has not graduated from high school, you still need to pay. It is not terminated until the child is no longer enrolled full time. Dual enrollment means the child is enrolled in high school and college at the same time.

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3 Answers | Asked in Family Law for Georgia on
Q: Can I move out of state with my daughter if the father is not on the birth certificate?

The father is not on the birth certificate, he has not filed for legal action, and barely comes around. He did take a paternity test but it was a home test.

P. Justin Thrailkill
P. Justin Thrailkill answered on Feb 1, 2019

Yes, there is nothing keeping you here unless he files.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: I signed a paternity acknowledgment In GA and later discovered through dna testing that I am not the father. options?

I am on the birth certificate, she is my dependent through the military, and I pay non court ordered child support.

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

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/.

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2 Answers | Asked in Family Law, Health Care Law and Probate for Georgia on
Q: Can I have my brother declared mentally incompetent and ask for guardianship?

My brother has mental health issues that have become so severe he now believes his dreams are really happening and he also suffers from extreme paranoia. He refuses to seek any kind of mental help. He has not been a danger to himself, but he did abuse his ex wife. I don’t have any proof of that... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Jan 28, 2019

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.

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3 Answers | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Georgia on
Q: What steps to take,my husband(soul provider & only income) gets me & our kids evicted,then leaves the home with mone

My husband left me and the kids without money or any means to honor the eviction order. Taking me off the bank account and took all money. Married 9 yrs with 2 kids 1yr old and 8 yr old I’ve not worked the entire marriage due to my lupus. This is now the 9th time he’s left in one year. He... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Jan 28, 2019

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.

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1 Answer | Asked in Child Support for Georgia on
Q: Child support took my 2016 and 2017 tax refund. Last month Dec 2018 they sent it all back why?
P. Justin Thrailkill
P. Justin Thrailkill answered on Jan 21, 2019

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... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: Can I ask for half of my son orthodontist bill in the divorce

My son had to get braces and he is covered on my health insurance, however I pay monthly installments. Am i able to get half of the payments when I file for divorce?

P. Justin Thrailkill
P. Justin Thrailkill answered on Jan 21, 2019

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... Read more »

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