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Questions Answered by Priscilla T. Upshaw
2 Answers | Asked in Civil Litigation for Georgia on
Q: If the company sends a letter requesting restitution, is paying that amount my best option?

I was charged with theft by taking, I bonded out. I received a letter from the attorney for the company, requesting I pay restitution.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 28, 2020

If the case is still pending, you may still face legal consequences in criminal court. The attorney for the company could sue you civilly for the restitution.

We wish you well.

-The Upshaw Law Firm, LLC.

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1 Answer | Asked in Juvenile Law for Georgia on
Q: Any legal way to move out at 17 that isn’t emancipation? I’m in Georgia by the way.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 28, 2020

You would need the permission of your parent/legal guardian. Emancipation is accomplished by turning 18 years old, getting married or enlistment in the military full time.

We wish you well.

-The Upshaw Law Firm, LLC.

1 Answer | Asked in Criminal Law for Georgia on
Q: I received an arraignment letter a year from when I knocked over my uncles mailbox he didn’t press charges. am I going

Am I going to jail

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 25, 2020

At an arraignment hearing, you will enter your guilty or not guilty plea. Whether or not your go to jail depends heavily on the facts of your case.

We wish you well.

-The Upshaw Law Firm, LLC.

1 Answer | Asked in Civil Litigation, Criminal Law, Landlord - Tenant and Small Claims for Georgia on
Q: I was jumped by 2 Customers and Employee. Can I sue the company?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 17, 2020

The answer to your question depends on the details surrounding the incident, and without more information, it is difficult to provide you with a definitive answer. For this reason, it is best to contact an attorney who can assist you with the specifics of your circumstances.

We wish you...
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2 Answers | Asked in Child Support for Georgia on
Q: Is after school care at my son's school covered by child support?

We both utilize the after school program at his school. I pay his mother child support and she is telling me that my child support payments don't cover ASP when he stays with me and I need to pay for those days. Do I, or is it covered by my child support?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 17, 2020

It is best to review the child support order, if applicable, and contact an attorney who can assist you with the details of your case.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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2 Answers | Asked in Child Support for Georgia on
Q: If I am remarried and we have a child together can I have my child support lowered from my previous marriage?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 17, 2020

You can file for modification in the court where the child support order originated.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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1 Answer | Asked in Child Custody for Georgia on
Q: Can I live with my mom at 17 without my guardians consent if I try and get a custody change?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 16, 2020

You cannot leave your legal guardian’s home without their permission or a court order. It is uncertain what the details are surrounding the custody arrangement, however if is court ordered you will need to have a modification to change it.

It is best to contact an attorney who can assist...
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1 Answer | Asked in Criminal Law for Georgia on
Q: My fiance is facing homicide charges and has been incarcerated in county jail for over 100 days can he get bail now

He was originally denied bail not sure why but can he now ask higher crt for bail and do we need a lawyer for this?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 16, 2020

It is possible that his bail hearing was heard in Magistrate Court, and yes the bond hearing for his charge must be heard in Superior Court . Yes, it is best to contact an attorney as soon as possible in order to discuss the details and assess proper options.

We wish you well.

-The...
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2 Answers | Asked in Child Custody for Georgia on
Q: Can I legally move out at 17 in Georgia? My Guardians won’t let me leave but I want to live with my mom.

One of my guardians lies a lot and is very manipulative of people. They have always been verbally, emotionally, and mentally abusive towards me. I’ve been told I can by a few people I know because they’ve done it before but I want to make sure it’s still legal.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 15, 2020

You cannot leave your legal guardian’s residence without their permission. Once you turn 18, you will not need permission.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: I have reasons to believe that my boyfriend's mom stole a necklace of mine that has my deceased dad's ashes on it and

My dad's gold wedding band and I want to get a search warrant for the house that she is living at, I live in Athens Georgia so how would I get a search warrant for that?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 11, 2020

If you desire to file criminal charges against her, you need to file a police report, and they will investigate. If you want to pursue a civil suit, you would file a complaint in the Superior Court of the county where she resides.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

3 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: Defendant burnt home down at 4 am while children and I were sleeping how can he take me to court for full custody on

Grounds that I did not give notice of move when I immediately had a restraining order against him. He has been indicated on charges.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 10, 2020

Your circumstances are unfortunate. The defendant can file a petition with the court, however it does not mean the court cannot/will not dismiss it. Given the facts, it is best to present to the court the details you’ve outlined here. Contacting an attorney may prove extremely helpful for you.... Read more »

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2 Answers | Asked in Child Custody, Civil Rights and Juvenile Law for Georgia on
Q: I am 13 and i dont want to live with my mother and her boyfriend

I want to live with my dad because my mom's boyfriend verbally abuses me and i have witnesses and he does it front of our home camera whatv happens if i run away to my dad's house.He also brags about beating me to his friends on the game and calls me dumb a** ,stupid and sometimes retarded

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 8, 2020

Your circumstances are unfortunate. Your father should file for modification in child custody. It is best that he contacts an attorney who can assist him with the case.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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2 Answers | Asked in Criminal Law for Georgia on
Q: My son is being charged w/ Aggravated Assault due to being a witness to a crime that police think he knows the person.

My son went forth on the morning of an incident as a witness to tell the police what he saw voluntarily. They don't believe that my son was in the wrong place at the wrong time. They are assuming he knows the person just because he got away alive. What are our rights?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 4, 2020

There is a difference in being questioned by the police and being charged. It is important to note that if your son has not been formally charged, he has no obligation to meet with the police. Considering the circumstances, it is best to contact an attorney who can assist you.

We wish you...
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1 Answer | Asked in Child Support for Georgia on
Q: I have over paid ~$10,000 for CS due to child care that is no longer needed. Can I get that money back?

He stopped receiving child care in the 6th grade and is now a junior in high school. I have been overpaying $167 a month for 5 years. The $167 is my portion of her child care expense at the time of the divorce that has gone on for an additional 5 years. IT could go on for another two unless I get... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 4, 2020

You need to file for modification in the court where the child support order was issued. It is best to contact an attorney who can assist you with the specifics of your case.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Georgia on
Q: I am 16 in two months. Will I have to wait until 16 to file for emancipation, or can I file now and be approved later?

From everything I researched the process can take 4-6 months, and I need to be out of their guardianship asap. I haven't been staying with them for the past 2 weeks, and I've been kicked out twice. I have lots of witnesses of physical abuse, and I can prove I'm mentally, financially,... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 4, 2020

You do not have to wait to file the Petition for Emancipation. It may be best to contact an attorney who can assist you with the specifics of your case.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

1 Answer | Asked in Child Custody for Georgia on
Q: Could you please point me in the right direction to download the forms to file for petition to modify custody
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 31, 2020

It is best to check the website of the county where the petition will be filled. Many times the court will have the forms available to the public.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: If I am 17 years old and I have graduated High School, do need parental permission to get a job?

My birthday is 11/30/2002 and I am wanting to move out right at 18.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 31, 2020

Yes, you need parental consent until you reach the age of 18.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Family Law for Georgia on
Q: I'm 15 years old with a 3 month old baby I want to get emancipated from my parent how can I do this

The police in Morrow will not help me my mom and sister had so many I have pictures and they hit my baby

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 31, 2020

You would need to file a Petition for Emancipation in juvenile court in the county where you reside. There are many factors that the court will consider in granting emancipation, one includes if the minor is supporting herself independently. It is best to contact an attorney who can assist you with... Read more »

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2 Answers | Asked in Child Support for Georgia on
Q: I live in Georgia and my childs father (non custodial) lives in Alabama.

He paid child support for July in August after getting a delinquency letter and has yet to pay for August. Supposing he doesn't pay this month, what enforcement action will take place? He is self employed and did not provide work details in his paperwork. We are coming up on 36 months and I am... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 27, 2020

If he does not pay August’s child support payment, you can file a contempt action through the court.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Criminal Law for Georgia on
Q: If I was arrested with a controlled 2 substance felony charge for pills that were 5 years old can I still be charged?

I wasnt read my miranda rights upon arrest. I was crying when I went to jail cause I was in shock so I had a low grade fever and they put me In isolation (fiday) and instead of seeing the judge the next day (Saturday) I was left in isolation until sunday and then was put with others and had my... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 27, 2020

Since you already have a Public Defender representing you, you have counsel. Since your charges are fairly recent, there likely are no new court date or any developments; the courts have remained closed only for certain emergency hearings. Most offices, including the office of Public Defender, are... Read more »

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