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Questions Answered by Tyler Carey
2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My son's father has always been absent but now pays child support. Does he have rights?

My child's father has never met, contacted me or my child, and never sent any sort of support until I filed for benefits and he was court ordered to pay child support weekly. Does he have grounds to take me to court for custody?

Tyler Carey
Tyler Carey answered on Apr 18, 2018

It sounds like you and the child’s father were never married. He would have standing to file a legitimation action to establish visitation and custody. Depending on how old the child is and how long he has not made any contact you may have a strong argument for custody and supervised visits, or... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How do I get an appeal application? Or a petition of whatsoever?

40-6-350 rights were taken from me.

Tyler Carey
Tyler Carey answered on Apr 12, 2018

Generally you have 30 days from the date of conviction to file a notice of appeal. O.C.G.A. 40-6-350 deals with laws for people operating mopeds - hence you are likely in a city or state court. Depending on which you are will depend on if you have an appealable issue from a record court.... Read more »

1 Answer | Asked in Child Custody for Georgia on
Q: 3 month old, the father and I not married split before she was born wanting DNA and custody anger/drug/alcohol issues

I have many screen shots proving the issues, what are his changes of getting anything in court?

Tyler Carey
Tyler Carey answered on Mar 8, 2018

Depending on the type of conduct he was doing, and the proof to back it up, he’ll likely get some form of visitation. The better the proof, the more likely he will have to have supervised visits!

Consult with an attorney ASAP!

1 Answer | Asked in Child Custody for Georgia on
Q: Can a man not proven the father of a child file for rights?

My son is 4. My ex is assumed to be the father. He lives in PA. He’s never met my son or attempted to really be a father. He asked me to send my son to PA to stay with him for a entire summer. I said no and was trying to discuss with him my now husband adopting my son since my son believes my... Read more »

Tyler Carey
Tyler Carey answered on Mar 8, 2018

Yes, he can. Your ex will likely file a legitimation action, and ask for a DNA test. Not being on the birth certificate is not proof or disproof of paternity.

I would consult with local counsel to protect your rights!

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My child's father said he's filed for visitation rights, we never married, how long will the court process take

Will I be able to get child support, out child is 6 months old and attends daycare because I work

Tyler Carey
Tyler Carey answered on Mar 8, 2018

I’m assuminf your child’s father filed a legitimation. That action will address custody, visitation, child support, and the child’s last name. I would recommend consulting with an attorney to protect your rights, and to make sure you know what you’re agreeing to!

3 Answers | Asked in Family Law and Divorce for Georgia on
Q: I am afraid my marriage is about to end, I feel my husband may be cheating,I am 7 months pregnant,I don't work.

he is the primary bread winner,we've been married almost a year, I have a 8 year old son too.I need a probono lawyer.I've been depressed and had anxiety attacks because of this situation

Tyler Carey
Tyler Carey answered on Mar 8, 2018

You can look around for legal aid services or some firms offer reduced pricing. Best thing to do is start doing some research and call around.

As far as your case goes, get proof of his misconduct (texts, photos, emails, etc)!

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1 Answer | Asked in Appeals / Appellate Law, Child Custody and Child Support for Georgia on
Q: If an appeal is filed on a final judgement after a divorce and the csp was awarded cs. Does the ncsp still have to pay.

Even if the judgement rendered was against Ga law

Tyler Carey
Tyler Carey answered on Jan 13, 2018

Yes! Until it is reversed on appeal the trial court's order is in full force and effect.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My daughter's mother and I had a verbal agreement regarding financial support and visitation. Never court ordered.

Lately she hasn't been allowing me to see or speak to my daughter. I filed legitimation papers, which include visitation, custody, and child support. Will our verbal agreement be of any use and Where do I stand

Tyler Carey
Tyler Carey answered on Jan 13, 2018

Until you have an order legitimating you as the father of the child, you have no rights to your daughter (visitation, child support, etc.). With you filing for legitimation, that is the first step in getting an established visitation schedule. The current verbal agreement is less important than... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: i want to leave my husband. I have no car job my family is in fl I am trapped in ga I have a 4m old baby. Can I go to

I am home alone all day with a 4 month old that I breastfeed. I want to leave my husband but he says I can’t take our son. He knows my friends and family are in Florida. The only car we have is a stick shift I can’t drive. We have no assets.

Tyler Carey
Tyler Carey answered on Jan 13, 2018

Do some research and reach out to a Legal Aid clinic. They may very well be able to help you. Also, depending on where you live there may be certain programs or facilities that can help individuals in similar situations.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Can a mother of a child give 30 day relocate, moving the child because wanting to be with her boyfriend?
Tyler Carey
Tyler Carey answered on Jan 13, 2018

Generally, yes. Each settlement agreement or final divorce decree is different but most spell out one spouse must give their former spouse 30 days notice. Most of the agreements are silent as to the non-relocating spouse having to AGREE to the relocation. Moving in with a new boyfriend may be... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: After judge sets bond can the sheriff still hold somone just because he wants too
Tyler Carey
Tyler Carey answered on Jan 13, 2018

No. Once a defendant receives their bond amount, and it is posted, the jail must release him or her. There may be a few things that would prevent someone from leaving even though they posted their bond (for example, they have a probation hold on them, or another county has a hold on them for other... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: My husband was arrested for dumping in a subdivion he had been given permission a couple of weeks ago.

The cop never checked to see if permission was given or the 6 other cars that came to the scene. Do we have the right to get body cam video?

Tyler Carey
Tyler Carey answered on Oct 20, 2017

Part of the discovery should be to obtain any audio or video that may be connected. Consulting a lawyer may have a little bit easier time getting these things - along with police reports, recommendations, history, etc. If your husband has proof that he was legally allowed to dumb in that area (a... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Inmate was awarded credit for time served by judge;however, no documentation or affadavit was filed. How can we correct?

Inmate did not recieve credit for time served due to discrepancy in documents. How could we correct and afford the inmate credit for time served?

Tyler Carey
Tyler Carey answered on Oct 20, 2017

Credit for time served is based on the affidavit of custody that the custodian at the jail fills out. To correct this, you would have to file a Motion to Modify a sentence. Definitely ask his previous attorney, or consult a local one. This inmate may have been on probation, and getting credit... Read more »

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