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To go to his father house due to exclusive smoking, guns and bad language and he told us he is tired of it. He’s only five years old. In the final order it states no guns no drugs and yet he defies it all. The father has been rejecting visitation. What should I do?
answered on Mar 31, 2022
Assuming you and your child's father share joint legal and physical custody pursuant to the final divorce order; you would petition for a modification of child custody (most superior court clerk offices have forms) in the superior court that issued the final divorce order. Note, you will have... View More 
Im recording bc mother has accused me of being drunk and slurring words .. so i bought a breathalyzer .. record blowing bf and after i facetime with my daughter .... i have been recording our facetimes bc of accusations ... mother emailed me said she doesnt consent to the recordings citing private... View More
answered on Mar 31, 2022
No. See O.C.G.A. section 16-11-62. While Georgia is a one-party state, requiring the consent of only one party to a telephone conversation to record that conversation, Georgia requires the consent of all parties to record a video chat (i.e. FaceTime) in a "private place and out of public... View More
Me and my husband have been separated and he knows the child isn't his in the state of Georgia do you need a childs information for a divorce even if we were separated when the child was conceived? Needing to know asap
answered on Mar 31, 2022
Based on the limited facts you provided, the short answer is no. If your husband has not legitimized or adopted the child, then he is not the legal father and custody/child support would not be handled in your divorce proceedings. However, you should consult a lawyer to better understand the facts... View More
answered on Mar 31, 2022
Generally, if the officer merely got the dates wrong that would not be grounds for invalidating the search warrant. Without knowing all the facts of your specific case, generally the wrong date will likely be deemed a "typographical error" and the warrant will be valid. While Georgia does... View More
This was a year and a half ago. He did not intimidate her pursue her in anyway. She also sent pictures. They let him go and did not arrest him. Will they make a case and arrest him in the future?
answered on Mar 31, 2022
The short answer is the D.A. could pursue charges in the future. Generally speaking, less serious crimes against minors have a statute of limitations of 7 years from the date of the commission of the crime. Thus, count 7 years from the last time your son sent a nude photo of himself to the 16 year... View More
My mother lied multiple times on a petition to take my kids. She said I abandoned my kids when I did not. She kicked me out and I let my kids stay with her to have consistency but I was there every day with them, picking them up from school and caring for them until they went to bed. And on... View More
answered on Mar 30, 2022
This boils down to an evidentiary question. Contest your mom's allegations with your own evidence (i.e. witnesses, phone records, etc.) in court and it is up to the judge or jury to determine what is credible evidence and therefore "fact." Remember, petitions merely consist of good... View More
My daughters father has been emotionally and verbally abusive, her behaviors and things she has said he tells her line up with all her now problematic behaviors. She also informed me tonight that she was touched not on the private, but under pants by her fathers mother. What can I do legally... View More
answered on Mar 30, 2022
Assuming you and your daughter's father share joint legal and physical custody; you would petition for a modification of child custody (most superior court clerk offices have forms) in the superior court where the child resides, or if you have a parenting plan based on a prior court judgment,... View More
The officers didn't radio it in or try to stop the hit and run
answered on Mar 30, 2022
This question brings up Qualified Immunity, which is a defense under which cops are immune from civil suits for violating constitutional (i.e. arguably your brother's 4th amendment unreasonable seizure right and possibly an excessive force claim) and statutory rights in the course of... View More
The stopped vehicle was over the crest of a hill and I had little time to check following traffic. Can I have my citation for illegal lane change thrown out? There was minor paint damage done to both my vehicle and the one in my blind side on the right when I swerved.
answered on Mar 30, 2022
This sounds like an emergency/unavoidable accident defense. Under Georgia Law, if the accident could not have been avoided and you are rapidly (i.e. exigency is key) responding to an emergency, not created by your own negligence, then the accident is just that-- an accident. Thus, you will not be... View More
answered on Mar 30, 2022
It will be a fact based question. If your daughter was attempting to change lanes when the other vehicle was established in their lane, then your daughter will likely be found at fault. However, if your daughter was established in her lane and the other vehicle improperly entered your... View More
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