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Questions Answered by Alake Colwell Furlow
1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My husband avoided being served Can I still get a divorce or do I have to wait until he is served? Hearing is July 19.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

A trial will not move forward until proof of service has been filed. If you don't have any kind of legal service on the defendant, you will not obtain a divorce. He has to be served and there are multiple ways to serve.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: do you know what form I would use for a motion for reconsideration in cherokee county ga? It is a civil/divorce/custody
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

There's no form for that. That is a motion that has to be drafted, most of the time attorney's draft that motion. If you are not hiring an attorney you can google and see what examples you can find online. But the chances of a non-attorney getting a motion like that granted is very... View More

2 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Does a judge read the discovery papers on a case.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

No, discovery responses are to be served on the party who sent them to you. The judge never goes through discovery in a case. You may be able to introduce things you obtained in discovery before the Court, provided you follow the rules of evidence. But discovery is never produced to the judge... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: What can the Judge do next? If there anything she should be doing?

My friend divorced her husband. Judge gave him the house and she took full custody of the children. Judge ordered him to pay her equity over a year ago and he has not paid. She has submitted her documents that show he has not paid her at all.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

Your friend either needs to file the proper pleading and start her own case or have an attorney do it for her. There's nothing for a judge to do until it's time to hear testimony, evidence and make a ruling. Your friend has to file the correct action and prepare for her hearing.

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Exwiife is lying about her income&expenses worksheet. Claiming the children go to private school and they are at public

She just bought a 600,000 house , new car , rental properties and I have no job been thrown in jail for not paying her attorney fees by the time frame . I don’t have a job but she claims I make 9000 a month. I don’t even have the money now to even have a lawyer to represent me from paying her... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

You get a lawyer. That's how you resolve this. Either you have an open child support case or you file for a modification. But you have an attorney go through the proper procedure to obtain correct income information from the mother. Then you can have an accurate gross monthly income for a... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How do I apply for emergency temporary custody for my grandchildren?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

If DFCS is involved then you would have to go through the case that's already open. If there is not an open deprivation case, you will need to file in court. You will have to file the proper action and have the parents served.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Q: Does FL have to follow GA child laws

I gave birth to my son in FL and his "father" did not sign his birth certificate. After a year in FL my son and i moved back to GA and stayed for 14 months making him and i GA residents. On May 21st i was trying to return to GA and his "father" wouldn't give me my child and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

The father is kidnapping, plain and simple. Even if he had signed the child's birth certificate, that gave him zero rights to that child. If the father has not legitimized, he has no rights, no custody, and no visitation. He should return that child or he is committing a crime. I'm... View More

1 Answer | Asked in Family Law for Georgia on
Q: Hi! My sister passed away three years ago and she left behind a precious little girl! Who is now 5 years old. Her dad is

In her life and now he is the the next person up to have my niece which our family understands. His mother now is acting weird and starting stuff with my sister of the family. There’s time where she thinks she’s replacing my sister and got offended by that when we told her that’s not right... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

It is likely the father now has sole legal and physical custody of his child, if he has legitimized. Any visitation anyone else is seeking, that the father will not voluntarily give, you must go through the Court to obtain. A judge will have to decide what, if any, to award you, if the father... View More

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Does my new husbands income get taken into account if I try to modify the child support that I receive from my ex?

Ex husband seems to be making much more now than during the divorce. I now have a low paying part time job. Would my job and my new husbands income be taken into account and cause child support payments to be LESS if I were to try and modify? Pretty sure the ex husband is making more than 200k/yr... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

Only the parents income is used for purposes of calculating each parties gross monthly income for child support. A spouse of a parents income is not added to the worksheet. However, if you have questions like this, I would see if you and your spouse can get the funds together to hire an attorney,... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have physical proof child is being coached by mom. What should I do?

Child has suffered from mental health diagnoses. Mom has tried for years to coach and push hatred into the child regarding the dad. There are text messages to prove the child is being coached and lied to by mom.

Mom sent dad messages from daughter, which led dad to check and verify... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

I don't understand the question of, "What should I do?" You can take the other parent back to Court. But unless you do that, there's nothing for you to do. And if you decide to go back to Court I would consult an attorney to determine the proper action to file, so you... View More

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2 Answers | Asked in Family Law for Georgia on
Q: Is there a time limit for filing contempt for custodial parent moving out of state (from GA to TX) with my child?

In 2019 my ex moved to TX with my child without my knowledge and without informing the court. Since then, it has been very difficult for me to see my child. I have to pay all expenses and fly child back and forth (3 round trip tickets). Finally, ex agreed for my child to fly as an unaccompanied... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

You wrote ex multiple times so I am unsure from this post if you are the mother or the father. I am also unsure if there was a court order stating that the custodial parent could not move or that the custodial parent had to provide notice of intent to relocate prior to moving. If the custodial... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am filling for a contested divorce and the lawyer of the respondent doesn’t want to submit the necessary documents

What can I do for the lawyer to submit the documents needed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

If you are going to represent yourself against another attorney then you will have to determine the proper pleadings to file and steps to take. Unfortunately, attorneys here cannot give you the steps to represent yourself. Prior to the filing of a motion to compel you must make a good faith... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: I have a child custody case pending in Georgia, can I move to another county within GA right now?

I have a child custody case that has been filed in my home town by my child's father. My child's father lives out of state over 300 miles away. I have not been getting any help financially with our son during the custody proceedings. So I would like to move to another county where there... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You should be very careful about moving while you have a custody case pending. If you are not receiving any financial assistance from the father, you should have obtained a temporary order for support while this case was going on. And if you don't know how to go about obtaining that, I would... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: What can I do if my child’s father cut off all communication with me for 8 months but filed for legitimation
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You should hire an attorney who can file an Answer to the legitimation action and represent you in court. Because the father may be asking for primary physical custody, and if there is a final order giving him that, you will not be able to change that absent a material change in circumstances down... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Who has jurisdiction/venue over Georgia legitimation case if the mother/child no longer lives in the county filed?

We moved in September and documents were filed in December. The address is outside of the county where documents were filed.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You don't become a resident of most places in 2 months. You have to look at the residency requirements for the state and county in which you live. And if documents were filed, I would suggest you look into hiring an attorney to represent you.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Do out of state custody orders have to be domesticated in order to be enforceable? what's the timeline req. to do so?

What happens if the out of state order wasnt domesticated? How long is the custody order valid for without domestication? Are there statue of limitations regarding this? My child's father hasn't allowed me to see our son since January of this year. Our son just turned 2 on May 12th.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

If you have an order that is not being followed you should speak with an attorney and provide them with more information, so they can advise you on the next steps. Because what you do next depends on where the order originated, where the parties reside now, what allegations of contempt are being... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Document state my ex husband is to have our girls every other week this summer he has informed me he can only do weekend

And will not help with childcare for those weeks he also explained I must get on a co parent app to contact him due to his gf not wanting us to have communication with out her knowing what all was said and if I don’t get the app I will not be able to contact him cause he is changing his number... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

When a non-custodial parent is awarded visitation through a court order, there is no penalty if they decide not to exercise it. There is nothing you can do to force him to take the children if he does not want too. You also can't force him to pay for childcare unless an order already says he... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: I'm trying to get a old child support order modified payment. Kids r grown n order Wat can b done n how much
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You can't modify a previous order for support for adult children. The order should have terminated when the children no longer met the requirements for support. However, any arrears owed likely remain, unless there is a statute of limitations they have met.

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Q: Hello im currently trying to figure out how to get my boyfriends name on our sons birth certificate.We’re not married.

My sons bio father does nothing for him,doesn’t see him anymore he also stays in another state and i doubt he’s willing to give up his parental rights even though i can prove he isn’t fit to be a parent.My boyfriend has been caring for my son and doing for him since he was 1 month old.We do... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You aren't able to simply put your boyfriends name on your child's birth certificate because he helps to support your child. If your boyfriend was able to ever adopt your son, after marriage, then he would have legal rights. But no, you can't simply remove the biological father and... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Summer vacation child support question

I am a single parent, and divorced 4 years ago ,

All our grandparents are abroad (me and my ex)... this July summer break we split the kids for two weeks

I would like to take my kids to be with with the grandparents and family for two weeks.

My ex is OK with that.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

If a court order says you pay child support then you pay child support. If the order doesn't suspend child support during periods of visitation then child support remains the same, even during those periods. The child support worksheet you should have had, when this support was calculated,... View More

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