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Questions Answered by P. Justin Thrailkill
1 Answer | Asked in Child Custody for Georgia on
Q: I have not served the defendant my affidavit and supporting evidence, do I have to ?

I have evidence to support my affidavit in a child custody hearing but do not want to serve the defendant prior to our hearing . Is there a law that I have to serve the defendant my Affidavit and my evidence prior to court?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 29, 2018

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... View More

2 Answers | Asked in Child Custody for Georgia on
Q: What county do I file a motion for custody in?

I don’t have a way to find out where my kids are. The man who had them up and moved from the house my kids were living. He refuses to let me speak or see them. They are not his kids. When I contacted the police they said they couldn’t help since it’s a domestic dispute and I had to go through... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 29, 2018

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...
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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: Do I have to file a certificate of service providing the defendant copies my affidavit and exhibits for child custody

I have a child custody hearing coming up and recently file a affidavit and exhibits for court. Do I have to file a certificate of service to the defendant providing a copy of my affidavit?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 29, 2018

If you served them with these documents, yes, it would be a good idea.

1 Answer | Asked in Child Custody for Georgia on
Q: Changing a child’s viewpoint of one parent,

Hello.

The non custodial parent was talking to their child on the phone.

The child said a few times to them that he keeps getting told that said parent has been a bad person and that is why the child can't see them at that time.

There is a court order that states no... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 28, 2018

Look at the wording of your order. Most parenting plans will require the parties to put their new spouse and family on notice of the order, but it really depends on the facts and who is saying what to determine if the custodial parent is in contempt here. Regardless, if you are the noncustodial... View More

2 Answers | Asked in Child Custody for Georgia on
Q: I want to file a motion for custody for my kids but I do not know where they currently are living. So Where do I file?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 28, 2018

That depends on several factors. Are you modifying a previous custody order? Do you have a previous custody order? Most importantly, you need to find your kids, but the answers to these questions also dictate where you file. You need to know where the opposing party lives as well, as you will... View More

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: I have been married over 12 years. Recently found my husband married again 2013 and had a child. I believe I am a victim

Of fraudulent marriage for citizenship. My husband doesn't know I know about it. I want a divorce and legal action taken out on him. What are the first steps I should take

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 26, 2018

Consult with an attorney to discuss your options. This is really the only step you need to consider at this time.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Representing myself, I seek to legitimate my son born out of wedlock and obtain full custody with mothers consent in GA.

voluntary acknowledgement has been established and the birth certificate is correct showing me as named father and shared last name specified, so no changes are required. Mother is planning to travel abroad and therefor this is by mutual consent. Is this possible in GA courts?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 26, 2018

Yes, it is possible. However, it sounds like you aren't from Georgia, so I'd suggest retaining counsel to take care of this for you. If it is uncontested it is relatively inexpensive and can go quickly. If you do it on your own, there will likely be delays and you'll have to come... View More

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: As guardian of my grandsons for 1 yr should I receive copy of case plan?

DFAcs removed child from parents due to neglect. I also have 2 yr old and 6 mos old sibling now for 1 yr.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 26, 2018

Did you obtain legal guardianship prior to the dependency action? If no, and the children with placed with you pursuant to the juvenile court case, then you do not have guardianship, but, rather, placement of the children. I know it sounds like semantics, but there is an important distinction.... View More

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My daughters live with their mother, I have visitation with them every other weekend Friday-Sunday with routating

Holiday vistation. I just moved to a new home do I need to share my new address with their mother?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 26, 2018

Yes, you do. This is likely reflected in your parenting plan. If if is not, it should've been.

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2 Answers | Asked in Child Custody and Child Support for Georgia on
Q: What is the process to modify child support if all the children live with the non custodial parent?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 20, 2018

Doesn't sound like they are the non-custodial parent if all the children are living there. I'd suggest a modification of custody and a new child support order.

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2 Answers | Asked in Child Support for Georgia on
Q: If someone pays child support, do they automatically get granted visitation out of wedlock?

My 6 year old's father has been in prison for 5 years, just got released from prison at the beginning of this year. We were never married, although our child has his last name, she has always been in my custody. I have very legitimate reasons to keep her away from him, due to his actions since... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 16, 2018

Yes, you can. Those two things do not necessarily go together. You can apply for child support at the local child support office. He is obligated to support the child regardless of whether he has custody rights. He may file for legitimation in order to establish his rights, but the court is not... View More

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3 Answers | Asked in Divorce for Georgia on
Q: My husband lives in Georgia. Can I file a divorce file in any family court in Georgia?

husband won't let me accses to bank 10years of married.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 16, 2018

No, you have to file in the Superior Court in the county where he resides. I'd suggest retaining counsel, as you may not get the result you are looking for going on your own.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: Q: GA: What legal response is required by the Custodial Parent when they receive a Child Support Reduction letter?

Thanks for the answers that I have received so far.

What I was looking for was more details for the response on the Custodial Parent.

I have now found out from other sources that Fulton County GA requires the Custodial Parent

to "eFile" their response to the Child... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 15, 2018

Agreed, this sounds like it came from the child support office. If it came from private counsel, I would ignore it or tell them you intend to increase support.

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1 Answer | Asked in Child Support for Georgia on
Q: Can Custodial Parent be ordered to pay Lawyer fees for Non-Custodial Parent at child support reduction hearing?

Georgia: Can Custodial Parent be ordered to pay Lawyer fees for Non-Custodial Parent

at child support reduction hearing?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 14, 2018

Depends on the facts. Attorney's fees are only permitted in certain circumstances. Who has custody really has very little to do with it.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: I'm needing a lawyer in northeast ga who can practice in south carolina for divorce and child custody
P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 12, 2018

Look at the lawyer directory on Justia and call around. People are not permitted to solicit business in this forum, so you aren't going to get any responses if that is what you are looking for. You need to do the legwork on your own to find someone who is licensed to practice in South Carolina.

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3 Answers | Asked in Divorce for Georgia on
Q: How do i file in forma pauperis? What are the qualifications?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 12, 2018

Talk to the clerk. It just means you cannot afford the filing fee.

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3 Answers | Asked in Family Law, Child Custody, Child Support and Constitutional Law for Georgia on
Q: Conflict of interest in family court.. My ex husband and I went to a child modification hearing.

My ex's brother is a Criminal Defence Attorney. He works everyday, (for years) side by side, with the judge that handled our case. The outcome was completely falsified and injustice. I truley believe that this is due to conflict of interest. Do you agree that it is a possibility, and what can... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 8, 2018

That is not a legal conflict of interest.

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2 Answers | Asked in Child Custody for Georgia on
Q: Is it possible to get a document stating that unwed moms in GA are automatically granted sole custody?

My son was born out of wedlock in Georgia. I know that means his father has no legal right to custody, however when dealing with passports and international travel his signature is required as he's on the birth certificate. Is there some type of form proving sole custody when rights have not... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 8, 2018

No, there is no document. Unless dad has legitimized the child, or the child was administratively legitimized at birth before that was abolished, then you don't have a right of action to file for sole custody. It's kind of like the sun rising in the east ... it just is what it is, there... View More

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1 Answer | Asked in Adoption, Child Custody and Juvenile Law for Georgia on
Q: My parental rights were termainted by dfac court but I wasn't present in court ..a family member intends to adopt my c

Kids. What can I do to reinstate my rights

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

You can't. You had your chance and you didn't cure the dependency in order to protect your children. Terminations are final and irreversible.

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