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Questions Answered by Leo Hughes
1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can I track my toddler when he’s with his dad that’s NOT on his birth certificate?

My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... View More

Leo Hughes
Leo Hughes
answered on Dec 24, 2022

The question is whether the bio father legitimated the child or not. It’s a court proceeding. If the child is not legitimated, the father has no legal rights over the child - no right of visitation or custody.

2 Answers | Asked in Family Law and Divorce for Georgia on
Q: Good morning. I am currently seeking to divorce my wife but I live in Georgia and she lives in Florida.

I spoke with legal counsel this morning and they informed me that I should reach out to Florida attorneys as they have no jurisdiction and can’t serve her since she lives in Florida.

Leo Hughes
Leo Hughes
answered on Dec 15, 2022

If this is an uncontested divorce without children, i.e., you are in agreement on all issues, then you could file in Georgia and she could sign a waiver of jurisdiction and venue. If it's a contested divorce or the children are in Florida, FL has jurisdiction.

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2 Answers | Asked in Family Law for Georgia on
Q: Does my mother have any grounds for not returning my child after I revoke the power of attorney given to her previously?
Leo Hughes
Leo Hughes
answered on Jun 19, 2021

The POA is likely invalid. Only a judge can assign or reassign custody.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: When our kids go to their dad he doesn't make them shower or brush their teeth. What can I do to fix this?

I've spoke to him and his wife about it but still no change. Theyll always have an excuse or simply say the kids are old enough to make their own decisions. Our son is 9 and daughter is 7.

Leo Hughes
Leo Hughes
answered on Dec 20, 2020

I doubt the court will intervene to modify custody or find the father in contempt. The children’s welfare is not at stake for lack of bathing and brushing their teeth, although I understand the situation is concerning.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: question

family court as a witness to a case , do they do criminal backround checks or warrant checks on the witnesses?

Leo Hughes
Leo Hughes
answered on Sep 30, 2020

No, but you could be asked that on cross examination if it’s at all relevant and you would have to answer truthfully.

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2 Answers | Asked in Family Law for Georgia on
Q: I am in Georgia, my soon to be ex is in Pa. and our marriage certificate is from South Carolina. Where do I file papers

Home in Pa. and car loans in both names, cars are switched. She drives car I have note on and I drive truck she has note on. Home is in my name on note but both names on deed

Leo Hughes
Leo Hughes
answered on Sep 14, 2020

Where you married is irrelevant. If you are the petitioner, you sue her in Pennsylvania or in Georgia with the proper waivers.

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3 Answers | Asked in Divorce, Estate Planning and Family Law for Georgia on
Q: My husband and I divorced 10 years ago in the divorce decree we both kept our own IRA’s

He never changed me as the beneficiary am I legally able to collect?

Leo Hughes
Leo Hughes
answered on Sep 4, 2020

Difficult to give a definitive answer without examining the settlement agreement. If it states unequivocally that neithr party can claim any interest in the other's retirement fund, then you do not have a claim and he is not obliged to list you as a beneficiary. Consult with a family law attorney.

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