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Questions Answered by P. Justin Thrailkill
3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Been divorced for 6 years and paying child support for 1 child

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

No, it doesn't. Nothing happens automatically anyway. If either of you were to apply for a modification it is possible it could change based on current circumstances, but, even still, if she is voluntarily unemployed the court can impute her income to a level she is capable of earning.

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2 Answers | Asked in Child Custody for Georgia on
Q: I have joint custody of my child my ex wants to leave the state for a job can he leave without my consent?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 2, 2018

Yes, but it may affect his visitation. If nothing is provided for in your order, with respect to a move, you may want to consider filing a custody modification action.

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2 Answers | Asked in Child Custody for Georgia on
Q: In a child custody case,

what information do the courts look at to determine who was the primary care giver of the child?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 2, 2018

Regina hit the nail on the head. Straight from the code.

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3 Answers | Asked in Family Law for Georgia on
Q: How can my brother get legal temporary custody of his son that lives with him without bein legitimized?

Hes had his son for 4 months now and mother has an open dfacs case and only has one out of her four children.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 1, 2018

He can get placement of the child if the child is removed by the court in a dependency proceeding, but he cannot get "custody" of the child until he legitimizes. He needs to talk to counsel ASAP about getting this taken care of.

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3 Answers | Asked in Civil Litigation for Georgia on
Q: Can I file a Motion myself even if I already have an attorney? Will my document be valid? The deadline is near.

I haven't heard back from my lawyer and there is a deadline around the corner. Can I file a Motion for Reconsideration for my case?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 31, 2018

No, you cannot file if you have an attorney. You need to speak with your attorney or terminate that attorney and then file.

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2 Answers | Asked in Child Custody for Georgia on
Q: Noncustodial never wants to return child after visitation. If I file non contempt can I keep my son until new court date

My sons dad never wants to return him. I go through so much trying to get him back. He misses crucial therapy sessions because his father doesn’t return him in time. I’ve filed several police reports for interference and I have text as proof that he refuses to return him. Can’t afford a... View More

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

Agreed. If you withhold you are damaging your case against him in a contempt. Document everything and pursue the contempt to enforce the order.

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3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: If I tell child's mom she doesn' have to pay me child support and it gets filed, can I go to court to get it later?

11 year old wants to live with us now due to emotional abuse at home. Her mom doesn't want her to move because she relies on my child support payments for her other kids. If I agree to not change the child support right now and we file it with the court, can I take her to court for child... View More

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

I agree. That agreement means nothing without an order. You need to go get the child and file to modify custody and support.

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4 Answers | Asked in Bankruptcy and Real Estate Law for Georgia on
Q: Does the trustee has the right to take the land and house?

My partner and I live together for 20 yrs and have 4 kids together. He has no job and income since 2002. I have been supporting his bills for 13 yrs. In 2014, I bought a land and built a house on it. I contributed 100% toward the purchase and added his name to the deed. After a year, I ended... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 23, 2018

You cannot simply remove him from the deed. He would have to execute a deed in order to do this. Even if he did, the bankruptcy trustee may see this as a fraudulent conveyance and come after it for that purpose. He doesn't have to contribute anything to the asset to own it, which he... View More

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: In GA, how does an executor of a will decline to serve so that the next name listed gets appointed?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 23, 2018

I don't know that any formality is necessarily required. A simple statement by the named executor, notarized and filed with the clerk's office ought to do it.

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1 Answer | Asked in Juvenile Law for Georgia on
Q: What happens once a motion for modification if filed. Roughly how long does it take to get a court date after.
P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 22, 2018

Depends on the county, what you are modifying, and what the local standing order requires you to do before getting a hearing. Talk to a local attorney about this in more detail.

4 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Ga resident, absent father just got custody and lives in Ohio. Can I get legal help here to fight it?

Father was given custody on grounds of " abandonment" , because I sent my son to Ohio, with my mom to go to school for a year. Temporary guardian ship papers were notarized, judge won't recognize them as valid. The paper work was finally received 3 months after court, and says... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 22, 2018

You should probably get an Ohio attorney to look at this if it happened in Ohio.

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3 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: How does undiagnosed/diagnosed mental illness affect divorce in Georgia?

My husband clearly has some sort of mental illness, and even he admits that (delusion, paranoia, mood-swing, and etc.) but he absolutely refuses to seek for help because he thinks getting professional help or getting diagnosed with mental illness will make him lose the custody of our kids when we... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 18, 2018

It's hard to say what impact it could have on your case. Mental illness alone will not preclude visitation. How he addresses his mental health is what is important. Talk to a local attorney about representation in the divorce to see what they can do for you here.

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1 Answer | Asked in Child Custody for Georgia on
Q: What rights do I have as a father to my kids. My wife abandoned me and left the state with our kids, I will not divorce
P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 18, 2018

You both have equal rights to the children at this point. Filing a divorce and establishing a parenting plan is the only way to get guaranteed visitation time. If you are opposed to the divorce, you could file for separate maintenance and effectively do the same thing. Check with attorneys in... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can a Parenting Plan include provisions for expenses related to visitation? Is there a law that supports this?

For example, holding a parent responsible for expenses related to missed court-ordered visitation.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 17, 2018

They can. Not everything in a parenting plan has to be spelled out in the law. There simply isn't a law for everything.

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3 Answers | Asked in Divorce for Georgia on
Q: If me and my husband separated in the state of Georgia how fast can I get alimony if I qualify for alimony
P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 17, 2018

There is no minimum threshold to qualify for alimony. If the court orders it, either temporary or permanent, you will receive it when the order says you will receive it.

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2 Answers | Asked in Child Custody for Georgia on
Q: Can my husband still get custody of his son even though The judge issued temp. Custody/Gaurdianship to DFACS?

My husband filed to legitimize his son & sole custody. Dfacs has an open case on mother and the judge awarded Dfacs temp. Custody on the 9th. Our hearing is not until 11/13. Dfacs has placed child with moms xboyfriend and new girlfriend. Mother has consented to legitimation and custody.... View More

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

No one can answer your questions without knowing more facts. He needs to retain counsel to represent him in the juvenile case. It is possible he could get visitation rights, but he needs someone fighting for him. Contact a local attorney today to discuss this matter.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: My wife and I are separated and I got served child support papers she was violent with me and I can prove it now what?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 5, 2018

You're obligated to pay support and you don't have to be divorced to establish child support. Her being violent with you means nothing in a child support case. If you want a divorce, you need to speak with counsel about filing for divorce.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Is there such a thing as third party interference regarding step parents in Georgia?

Good Morning, I am conflicted about step parent rights and boundaries regarding my daughters step mother. We've had a very strained relationship over the past several years but have made every effort in the book to be civil and co-parent with no luck. I completely understand that the role of a... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 4, 2018

She has zero rights with respect to your child. If this continues to be an issue, you may want to consult with an attorney about a custody modification.

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3 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: Im going threw a divorce. And we have to kids together. Do i have the right to take out all the money in his bank accoun
P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 4, 2018

No, you do not have the right to clear out the account. If you anticipate filing for a divorce, the court, once you file, will hold you to the standing order that goes into place once the case is filed. Generally this orders requires you to maintain the status quo until the case is complete. If... View More

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4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Hi, I'm just trying to figure out how I could get full custody of my son without having to take his father to court.
P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 1, 2018

There's not enough information here to answer your question. Contact an attorney and discuss this issue in more detail.

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