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Questions Answered by Judith Delus Montgomery
1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: In child custody cases, Do you use Private Investigators if necessary? If the child is believed to be in a bad home?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

It Depends on what the facts require. We can use a private investigator or a Guardian ad litem to see what's in the best interest of the child. There are many ways to investigate the status of the child.

We will definitely need more information on your matter.

Family law...
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1 Answer | Asked in Adoption and Family Law for Georgia on
Q: Does same sex couples have to be married to sign child birth certificate?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

The Supreme Court held that a state may not deny married same-sex parents the same right as opposite-sex parents to be listed on child’s birth certificate, see Pavan v. Smith, 2017, 137 S.Ct. 2075, 198 L.Ed.2d 636.

We will definitely need more information on your matter.

Family...
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1 Answer | Asked in Family Law for Georgia on
Q: Can the parents legally make an emotionally and physically abused 16 (almost 17) year old stay?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

We will definitely need more information on your matter.

Family law cases can have a huge impact on virtually every aspect of your life. Whether you’re going through a divorce, a custody battle, an adoption, or any number of related situations, we will be here for you. We help people...
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1 Answer | Asked in Family Law for Georgia on
Q: If my 17 year old daughter was impregnated by a 30 year old can I press charges even when she turns 18 ?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

Ga. Code Ann. § 16-6-3...
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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Ex was awarded sole physical custody of my daughter. Daughter is 16 and wants to come back home.

Custody awarded illegally. Ex convicted felon fostering his daughter.

Case worker social service not protective service.

Caseworker said warrant she didnt

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Family law cases can have a huge impact on virtually every aspect of your life. Whether you’re going through a divorce, a custody battle, an adoption, or any number of related situations, we will be here for you. We help people from all walks of life and have a significant amount of experience... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: Trying to save my marriage, wife put family violence and stalking restraining order. what to do?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Please get an attorney as soon as possible. If your wife already petitioned the court for a restraining order then you need to still protect yourself even if you may want to save your marriage. You have a limited time to respond to her petition and even smaller amount of time to prepare for the... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Need advice on how to go about filing my divorce

Legally yes we have a child together but I no longer have any parental rights to our son and the father has full custody of him. This was done through juvenile court when our son was in foster care

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Filing for Legal Paternity

When seeking to establish paternity of a child, there are several options on how this can be done. The option chosen will depend on who is filing to establish paternity, and whether or not there is any disagreement on the matter.

• Voluntary...
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1 Answer | Asked in Divorce for Georgia on
Q: Is it legal if two people are still married to plant cameras and wiretap their home that the other spouse lives in alone

My estranged husband and I have yet to finalize the divorce. He has been planting hidden cameras and listening devices in my home that he no longer resides in and I don’t know if this is illegal or not because we are still married, and I have yet to get his name off the lease. I live here alone... Read more »

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Sorry this happened to you. In Georgia a spouse's secret videotaping video footage is admissible at trial, in divorce case; during the time that spouse used the video surveillance devices.

If the following is true i.e.. kept clothes and other personal items at the marital residence,...
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3 Answers | Asked in Child Custody, Divorce and Domestic Violence for Georgia on
Q: I live in Georgia. I want to know about propert division in a fault divorce. If I am a victim of Domestic violence.

Will I be able to keep the home? Or get a greater share? Will my spouse have to move out. I also dont want to uproot my son. The house is paid in full. Also will I get full custody of my son?

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

In a divorce action the court has secondary jurisdiction to determine the equitable interest of either spouse in the real or personal property owned, either in whole or in part, by the other spouse. A spouse may base his/her claim to property owned by the other spouse on two theories: (1) the... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Georgia on
Q: Can simple battery stop you from owning gun. Not sure if simple battery and domestic battery is the same charge.

I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Simple battery can be shown when a person intentionally makes physical contact of an insulting or provoking nature with the person of another O.C.G.A. § 16-5-23(a)(1), or intentionally causes physical harm to another O.C.G.A. § 16-5-23(a)(2).

The crime of “family violence battery” is...
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3 Answers | Asked in Divorce for Georgia on
Q: I have a uncle who is bed reading and on hospice an I'm trying to help him get a divorce his wife hasn't been around .

His wife hasn't been around in over 20yrs .

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

The use of force, menace, duress, or fraud in obtaining the marriage is a ground for divorce. "Duress" is defined as any illegal imprisonment or legal imprisonment used for an illegal purpose, threats of bodily or other harm, or other means amounting to coercion or tending to coerce the... Read more »

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2 Answers | Asked in Divorce for Georgia on
Q: If my mom has custody of my daughter could I file uncontested divorce without minor children?

We had our daughter before being married if that makes any difference and my mom has legal guardianship

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Family law cases can have a huge impact on virtually every aspect of your life. Whether you’re going through a divorce, a custody battle, an adoption, or any number of related situations, we will be here for you. We help people from all walks of life and have a significant amount of experience... Read more »

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4 Answers | Asked in Family Law for Georgia on
Q: How do I keep my husband from filing our kids? I am the custodial parent.

I allowed my husband to file our kids for 2021. I don't want him to file for 2022. How can I ensure he is not able to file this year. I am the custodial parent.

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Please check the final order for divorce. Confirm that the Order does not address taxes. If not, call an attorney.

Family law cases can have a huge impact on virtually every aspect of your life. Whether you’re going through a divorce, a custody battle, an adoption, or any number of...
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3 Answers | Asked in Divorce for Georgia on
Q: My wife, after 22 years of mariage, states she is gay and wants a divorce. Will I still have to pay allimony ?

Or should I file for fault to avoid it ?

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

You will need an attorney for this matter.

Family law cases can have a huge impact on virtually every aspect of your life. Whether you’re going through a divorce, a custody battle, an adoption, or any number of related situations, we will be here for you. We help people from all walks of...
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