Questions Answered by P. Justin Thrailkill

Q: Can I move out of state with my daughter if the father is not on the birth certificate?

3 Answers | Asked in Family Law for Georgia on
Answered on Feb 1, 2019
P. Justin Thrailkill's answer
Yes, there is nothing keeping you here unless he files.

Q: I signed a paternity acknowledgment In GA and later discovered through dna testing that I am not the father. options?

3 Answers | Asked in Family Law and Child Support for Georgia on
Answered on Jan 29, 2019
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/.

Q: Can I have my brother declared mentally incompetent and ask for guardianship?

2 Answers | Asked in Family Law, Health Care Law and Probate for Georgia on
Answered on Jan 28, 2019
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.

Q: What steps to take,my husband(soul provider & only income) gets me & our kids evicted,then leaves the home with mone

3 Answers | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Georgia on
Answered on Jan 28, 2019
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.

Q: Child support took my 2016 and 2017 tax refund. Last month Dec 2018 they sent it all back why?

1 Answer | Asked in Child Support for Georgia on
Answered on Jan 21, 2019
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.

Q: Can I ask for half of my son orthodontist bill in the divorce

2 Answers | Asked in Divorce for Georgia on
Answered on Jan 21, 2019
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.

Q: I'm under supvision with my son can I sign over my custody to my mother with open defax case

3 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Jan 21, 2019
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.

Q: Can i give joint custody to sons,father,for defax to close case on me

3 Answers | Asked in Child Custody and Family Law for Georgia on
Answered on Jan 21, 2019
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.

Q: I hav safe deposits boxes . i need some advice on them. Need pro bono u get paid wen i get paid but they hav a drill out

3 Answers | Asked in Family Law and Social Security for Georgia on
Answered on Jan 18, 2019
P. Justin Thrailkill's answer
I'll tell you what Geraldo, I'll take a hard pass and you just let me know what you find when you get into King Tut's tomb. How's that for a plan?

Q: In the state of Georgia , how long do you have to pay child support if your child has special needs?

2 Answers | Asked in Child Support for Georgia on
Answered on Jan 18, 2019
P. Justin Thrailkill's answer
Your order would govern that. It can extend beyond 18 in certain circumstances, but typically no later than 20 if the child is still enrolled in school.

Q: Does a father who is not legitimized have to cooperate with dfcs?

4 Answers | Asked in Family Law for Georgia on
Answered on Jan 18, 2019
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.

Q: MY HUSBAND TOOK MY 3 KIDS BACK IN OCT 2017 HE WONT LET ME SEE THEM OR GIVE THEM BACK AND AM WORRIED

3 Answers | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Georgia on
Answered on Jan 16, 2019
P. Justin Thrailkill's answer
Talk to an attorney about filing a divorce to establish custody and visitation rights.

Q: Can stepparent adopt my child if I am not legitimized and haven't paid child support but have maintained regular contact

4 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Georgia on
Answered on Jan 16, 2019
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.

Q: Ex Parte with a judge.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Jan 15, 2019
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.

Q: If I was given full custody of my grandchildren inn court of law do I alsohave guardianship

3 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Jan 14, 2019
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."

Q: My husband was awarded physical custody of his son. The mother gets him every other weekend. She lived in SC, so she

2 Answers | Asked in Child Support for Georgia on
Answered on Jan 7, 2019
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.

Q: A superior court judge gave my 13 yr old child's father temporary custody because she goes to public school online.

2 Answers | Asked in Child Custody for Georgia on
Answered on Jan 7, 2019
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.

Q: Does it say age 19 just in case she may have still been in high school?

1 Answer | Asked in Child Support for Georgia on
Answered on Jan 3, 2019
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.

Q: If my child has graduated high school & turned 18 does my support end? My final decree says 19 or graduates high school.

1 Answer | Asked in Child Support for Georgia on
Answered on Jan 3, 2019
P. Justin Thrailkill's answer
Your decree is what controls. If that is what it says, that is what you do.

Q: Daughter is 17 she just got braces. Our divorce decree says father and mother share the cost after whatever insurance

4 Answers | Asked in Family Law for Georgia on
Answered on Jan 2, 2019
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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