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Questions Answered by P. Justin Thrailkill

3 Answers | Asked in Family Law and Child Custody for Georgia on

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

I want defax out of my life

P. Justin Thrailkill answered on Jan 21, 2019

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.

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3 Answers | Asked in Child Custody and Family Law for Georgia on

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

I havecustody but we live with my aunt I'm on supervision through defax

P. Justin Thrailkill answered on Jan 21, 2019

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... Read more »

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3 Answers | Asked in Family Law and Social Security for Georgia on

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

Nov 2018

Jan 2019 then etc etc not sure what to do could not make 2 of the drill outs

P. Justin Thrailkill answered on Jan 18, 2019

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?

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2 Answers | Asked in Child Support for Georgia on

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

He has a learning disability, but will graduate high school in 2020.

P. Justin Thrailkill answered on Jan 18, 2019

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.

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4 Answers | Asked in Family Law for Georgia on

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

The mother is involved in a safety plan but the father does not plan on getting the child legitimized.

P. Justin Thrailkill answered on Jan 18, 2019

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.

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3 Answers | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Georgia on

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

P. Justin Thrailkill answered on Jan 16, 2019

Talk to an attorney about filing a divorce to establish custody and visitation rights.

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4 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Georgia on

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

I have petitioned for legitimation around the time that adoption petition was served. My child is 10 years old and I was never married to custodial parent. Please advise.

P. Justin Thrailkill answered on Jan 16, 2019

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.

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1 Answer | Asked in Family Law and Child Custody for Georgia on

Q: Ex Parte with a judge.

if you were to get an Ex parte with a judge, what papers are required to send to the other party? A summons and complaint, or rule nisi and complaint?? what document explains why they lost custody until the hearing??

P. Justin Thrailkill answered on Jan 15, 2019

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... Read more »

3 Answers | Asked in Family Law and Child Custody for Georgia on

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

This is for scholarship and financial aid for my grand daughter I have had her her whole life took career of every aspect of her lifenow her future seems to hinge on this one lousy question pleaser help me

P. Justin Thrailkill answered on Jan 14, 2019

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... Read more »

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2 Answers | Asked in Child Support for Georgia on

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

received a travel deviation for her support amount. She has been staying with a friend in Georgia ever since the final order but won't admit it. She lives right down the street from us. She was ordered to pay $305/month with a $200 deviation...making her payment amount only $105. (She won't even... Read more »

P. Justin Thrailkill answered on Jan 7, 2019

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.

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2 Answers | Asked in Child Custody for Georgia on

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

I had to defend myself without a lawyer. He did not offer a public defender. I do not think this was fair. I did not even get my 30 days to answer the order that was sent to me late because they sent the paper to the wrong address, even though the plaintiff's lawyer had my address because I had... Read more »

P. Justin Thrailkill answered on Jan 7, 2019

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.

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1 Answer | Asked in Child Support for Georgia on

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

Since she’s reached one of the two requirements am I done paying? Her mom is incarcerated & is telling us she’s owed until 20. It says in the decree “19 or graduated from high school.”

P. Justin Thrailkill answered on Jan 3, 2019

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.

1 Answer | Asked in Child Support for Georgia on

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

In Ga do I have to file anything? I’ve been told it terminates in Ga at the age of majority?

P. Justin Thrailkill answered on Jan 3, 2019

Your decree is what controls. If that is what it says, that is what you do.

4 Answers | Asked in Family Law for Georgia on

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

Does not cover. We split everything after insurance 50/50, my daughter lives with

Me (mother) father and I both split the monthly payments for braces but the payments are for the next 24 months. Our daughter is turning 18 this year and graduating as well our paper work states that pays... Read more »

P. Justin Thrailkill answered on Jan 2, 2019

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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2 Answers | Asked in Family Law for Georgia on

Q: I’m a father in Maryland that has a son in Stone Mountain ga. I need answers on how to handle visitation rights

Hello, I’m a father in Maryland that has a son in Stone Mountain ga. The mother of my child was here in Md. She got pregnant and moved to GA with her mom and birth the child in GA. I want to get visitation rights and everything that could possibly happen. The child is 5yrs old. Me and the child... Read more »

P. Justin Thrailkill answered on Dec 27, 2018

You need to contact a Georgia attorney about filing to legitimize your child. If the child is born out of wedlock, you have no rights upon his birth. You have to establish them in a legitimation action. If she will consent to terms (custody, visitation, support), then this could be an... Read more »

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3 Answers | Asked in Family Law and Small Claims for Georgia on

Q: I wrote a check to my fiance, for the down payment of a house. The marriage is called off. Do I have any legal grounds?

The house is not in my name. I did not have her sign anything stating that she would pay me back if the wedding doesnt happen. The check was for $4,000.00. Do I have any legal grounds?

P. Justin Thrailkill answered on Dec 19, 2018

Not likely that you have any recourse. That would most likely be considered a gift.

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1 Answer | Asked in Child Custody and Child Support for Georgia on

Q: I already have an existing child support order for one child in Georgia the mother of my recently tried to file in texas

She had another child and tried to file for suppprt without paternity. The case is closed through DCSS but a civil order is active . Will a new order be placed ?Or will the existing order be modified ? Do I have to do the whole support process over ? Texas is waiting for jurisdiction before they... Read more »

P. Justin Thrailkill answered on Dec 19, 2018

If she lives in Texas, you need to speak with a Texas attorney about the process for legitimation there.

2 Answers | Asked in Child Support for Georgia on

Q: How can I pay child support and never taking a DNA or not sigh a berth etc

P. Justin Thrailkill answered on Dec 18, 2018

Sounds like you probably missed a hearing. Talk to an attorney and provide more information about when child support started and where the order came from.

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1 Answer | Asked in Child Custody and Juvenile Law for Georgia on

Q: what form do i use to petition the juvenile court for a hearing to dismiss a temporary custody order?

my mother has temporary custody of my 2 yr old since december 15, 2017. we both agree that the order should be dismissed so he can return home to me. i have to file the correct petition or my request for a hearing will be denied.

P. Justin Thrailkill answered on Dec 14, 2018

There isn't a form. Attorney's and pro se litigants are expected to draft their own pleadings. If you don't know how to do that, you should retain counsel that does.

1 Answer | Asked in Juvenile Law for Georgia on

Q: Georgia Law question: if a restraining order is obtained for a minor against someone (no third party contact included),

the minor continues to use the defendant’s mentally disabled minor sibling to contact defendant. As the parents of both the defendant and the disabled minor, would it be considered harassment or third party contact if we were to go to school and ask that there be no contact between the two... Read more »

P. Justin Thrailkill answered on Dec 14, 2018

Your fact pattern is confusing. By "served person" are you meaning the protected party? Is the protected party an adult? You need to sit down with counsel for a consultation and explain this situation in more detail.

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