Questions Answered by P. Justin Thrailkill

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 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.

Q: How long am I obligated to pay 50% of medical expenses?

3 Answers | Asked in Family Law and Child Support for Georgia on
Answered on Nov 30, 2018
P. Justin Thrailkill's answer
That lasts the same amount of time as child support. It is basically an extension of child support.

Q: My Daughter needs braces but in the paperwork it doesn’t say mother and father need to split the cost for orthodontist.

3 Answers | Asked in Family Law and Child Support for Georgia on
Answered on Nov 30, 2018
P. Justin Thrailkill's answer
It would typically be considered a medical expense. Consider filing a contempt action if she refuses to pay.

Q: I have not served the defendant my affidavit and supporting evidence, do I have to ?

1 Answer | Asked in Child Custody for Georgia on
Answered on Nov 29, 2018
P. Justin Thrailkill's answer
What kind of affidavit? If you are talking about a financial affidavit, yes, they are entitled to have it before a hearing. You have to serve that on the other party at least 15 days prior to any hearing. You don't necessarily have to produce any evidence unless it was requested in discovery. If you are in Fulton County, the Family Division has mandatory discovery requests that require you to share certain information with the opposing party.

You need to consult with an attorney to...

Q: What county do I file a motion for custody in?

2 Answers | Asked in Child Custody for Georgia on
Answered on Nov 29, 2018
P. Justin Thrailkill's answer
That's a BS answer from the police. If this person has no custody rights, and is not the biological father of the children, he is kidnapping them if he took them from you. I have a feeling there is more to this story.

You need to retain a private investigator to find the children if the police won't help, and retain counsel to file a habeas action.

Q: Do I have to file a certificate of service providing the defendant copies my affidavit and exhibits for child custody

1 Answer | Asked in Child Custody and Child Support for Georgia on
Answered on Nov 29, 2018
P. Justin Thrailkill's answer
If you served them with these documents, yes, it would be a good idea.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.