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Questions Answered by P. Justin Thrailkill
1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Proven sobriety. 8 months. Worked with counselor. When should they come home? I violeted a court order let dad see them

Past substance abuse. Case 2 years ago i took mental health and rehab classes. Dad did not comply. I regained custody. This time havent failed (ive been clean the 2 years) I messed up and let dad visit and we got caught. They took custody again since march We have court in january. I have given... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 13, 2018

This sounds like it has less to do with your sobriety than it does about your ability to follow court orders. Talk to counsel about where you need to go from here to defend this.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Hey u have a couple questions about my dfc case ?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 13, 2018

I don't, but it sounds like you do. I'd encourage you to speak with counsel about your questions.

1 Answer | Asked in Child Custody for Georgia on
Q: If I have a DNA test proving my son is mine, and I’m legitimized how do I go about getting custody to my son?

The mother will not let me see him.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 13, 2018

Custody will be addressed inside of the legitimation action. A positive DNA test alone is not enough to legitimize you. You still need to file a legitimation action and ask the Court to award you custody and visitation and to address support.

2 Answers | Asked in Child Support for Georgia on
Q: Do I have to have a lawyer to terminate child support when my child turns 18? She dropped out of school. I am the NCP.

She turns 18 at the end of this month. We live in Georgia. Do I just stop sending payments?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 13, 2018

Not necessarily, but it is not as easy as just stopping payments. You need to get a declaratory judgment noting that child support will be stopped because the child is no longer in school. If you don't know how to do this on your own, I'd suggest hiring a lawyer.

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1 Answer | Asked in Federal Crimes, Internet Law, Juvenile Law and Sexual Harassment for Georgia on
Q: Can I get justice for being groomed

Last year and I got into an argument with a guy online. He groomed me and commented on my photos. Stating how age was just a number and with a chest as big as mines it doesn't matter what my age is. Even make plans to meet me, that I backed out of. We swapped Snaps, and he blackmailed me for... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 12, 2018

Report this to the police and let them handle it.

2 Answers | Asked in Child Support for Georgia on
Q: Can Child S. Agency make a father continue paying Child Support past age 18 even if child is still in High School.

There is nothing in my final D. Decree or Plan Parenting that states this. My other concern is

can a C.S.A submitted to the court any request, document, form for a modification to continue paying past age 18 until graduation.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 12, 2018

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... View More

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2 Answers | Asked in Child Custody for Georgia on
Q: What is the best child visitation schedule?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 12, 2018

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.

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2 Answers | Asked in Divorce for Georgia on
Q: How can I find out how much alimony will be paid before I file.
P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 11, 2018

You can't. That's based on the facts of the case and the discretion of the judge.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have custody as a single father from DFCS for over a year can I keep it
P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 11, 2018

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.

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2 Answers | Asked in Child Custody for Georgia on
Q: I live out of state an trying to get custody of my son. The mother is deceased an the court granted the grandmother

temporary custody. I don't want that so seeing how to legitimate my son, or what step do I need to take now she have those rights

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 10, 2018

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... View More

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2 Answers | Asked in Divorce, Family Law, Personal Injury and Domestic Violence for Georgia on
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

Care of the Divorce. They have pictures where he beat me. When he went to jail didnt see him till 13 years later. He was still the same. But he gets a check and fixin to have money from law suit. And all this time i had insurance. Still dont.55 ive lost my daughter 33 to. MS ive been homeless lots.... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 10, 2018

Not likely an alimony case. If he is in another state, you need to file where he lives.

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1 Answer | Asked in Child Support for Georgia on
Q: Does child support continue to accumulate if the payee goes to prison?

Also, if the parent ordered to pay child support lied about his self-employment income and the judge disregarded what you presented; however, you now have the verification based on court documents done in another area of a court, can anything be done by this? This person not only purposely... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 7, 2018

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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Recently won custody of 15 yo son. Child support stopped but sent payment to another mother who refuses to give it back.

Unfortunately I have two exes, let's say Ex #1 and Ex #2, that I was paying support to. I am remarried. Recently I won custody of my son from Ex #1 and the Child Support order that I was paying was stopped. There was one payment left that I had to give to Ex #1 and then she would start... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 7, 2018

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.

2 Answers | Asked in Child Support for Georgia on
Q: Am I responsible for private school tuition when public school is free?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 7, 2018

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.

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2 Answers | Asked in Family Law for Georgia on
Q: I was served today with contempt/modification paperwork in my home town of Tampa, by my ex through Cobb County,

I need more than 30 days to reply. Correction - answer is due in 30 days, not counting the day you were served.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 6, 2018

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.

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3 Answers | Asked in Child Support, Civil Litigation and Family Law for Georgia on
Q: Can I sue the Division of Human Services Child support for slander, not giving customer service?

Lying, not giving information in a timely manner, not returning money, not registering a case in a timely manner false imprisonment.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 5, 2018

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.

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

Father is refusing to sign for passport because he has to pay child support. So I need a document that shows I have sole custody.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 30, 2018

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.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How long do I have for an appeal on a final order for custody?

Final order of final custody hearing not ruled in my favor. I was the plaintiff and denied every single aspect.

Judge discreted Gwinett County Drug and accountability lab. Same building she works in. Says the witness we presented was not an expert, even though she is the manager for this... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 30, 2018

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.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: How long am I obligated to pay 50% of medical expenses?

Our divorce decree says I have to pay child support until the child turns 18, dies, marries or if the child is 18 and still in school but I don’t not required to pay after the child attains 20 years of age. It doesn’t say anything about medical.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 30, 2018

That lasts the same amount of time as child support. It is basically an extension of child support.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: My Daughter needs braces but in the paperwork it doesn’t say mother and father need to split the cost for orthodontist.

Her mother does not want to pay 50% for the braces bc she said it’s not in our paperwork... and this is not a medically necessary. She said this is considered cosmetically. Is the mother required to 50% pay for braces?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 30, 2018

It would typically be considered a medical expense. Consider filing a contempt action if she refuses to pay.

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