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Questions Answered by Alake Colwell Furlow
1 Answer | Asked in Family Law and Child Support for Georgia on
Q: We are in Georgia. My fiancé found out about his 6 year old son a year ago. He’s paying child support due to paternity

Confirm he was however this child is named after another man who signed the birth certificate. Is he legally responsible if someone else acknowledged the child and signed the birth certificate?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 28, 2023

If he is the father he is legally responsible regardless of who signed the birth certificate and even if the child was named after another man. The other man didn't accept responsibility for that child for the next 18 years simply because he signed the birth certificate, if it's not his... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Can I separate from my husband to another state without a legal document in place?

No children under 18, prior physical abuse, current verbal, financial and mental abuse. Can I leave without a document in place to another state and file for divorce there after establishing residency?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 27, 2023

Typically a divorce should be filed in the state and county where the Defendant resides. If you establish residency in another state and file for divorce, since it sounds as though this won't be uncontested, your spouse can respond and challenge jurisdiction and venue. Because the divorce... Read more »

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1 Answer | Asked in Child Support for Georgia on
Q: Can I get your support while my child is on Medicaid
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 25, 2023

You can hire a private attorney to petition the court for child support. Once the court orders the non-custodial parent to pay support, they will also likely order him to pay medical insurance, if he can do so at an affordable rate. Or you may be able to keep your insurance. That will be up to... Read more »

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: My child support order is from Pennsylvania 2001 can Georgia charge interest on an out of state order when PA does not .

PA child support order 2001 . Georgia resident 2006

Out of state enforcement order Pennsylvania doesn't charge interest on rears but Georgia is charging me interest on my PA rears

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 25, 2023

If you cannot get answers through child support enforcement then you may need to hire an attorney. Oftentimes it is difficult for a non-custodial parent to get answers from the Division of Child Support Services, but they are more receptive to attorneys who are representing you. Then your... Read more »

2 Answers | Asked in Family Law and Arbitration / Mediation Law for Georgia on
Q: Is it possible to have a second mediation after reaching and signing a mediation agreement?

Important issues were left out during mediation.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 25, 2023

It is unlikely the Court will order the parties to attend mediation again or that the opposing party will agree to mediate again. If there are issues that were not addressed, you can attempt to resolve those with the other side and come to an agreement. But having an attorney would have... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: My 10 year old is openly expressing that she does not want to have visitations with her father. What can I do?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 23, 2023

If a court has signed an order giving her father visitation, you will need to produce the child for that visitation, or you could be found in contempt of court. Only an order of the court modifying that will change your obligation to produce the child. Therefore, even if the child says they no... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What constitutes a week of summer visitation in Georgia? 5 days or 7 days? Does regular visitation count in that time?

Judge ordered 2 weeks non consecutive visitation during the summer. They already get alternating weekends as regular visitation.

Is the week visitation constitute 5 days (Mon - Fri)? Or is it 7 days (Mon - Sun)? And does it include the normal visitation or in addition to the normal visitation?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2023

A week is a 7 day period. However, the language of your order should state when the week begins and ends.

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1 Answer | Asked in Child Custody, Juvenile Law and Family Law for Georgia on
Q: Can a 17 year old up and live with Dad? (In Georgia)

I’m a 17 year old who is not happy being with my mom, For months i am mentally not happy. I just want to stay with my dad after i get out of school for the summer May 24th 2023. Many arguments, i was starting to do poorly in school here at my moms when i used to be a student that would excel. I... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

If you leave your mother to go and live with your father without a court order, your father would technically be kidnapping if he refused to produce you back to your mother. If you want to live with your father the proper way to go about that is for your father to either file to modify an existing... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: I was married in South Carolina & would like to get a divorce but I have no idea where my spouse is, what do I do?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

You can file for divorce and use service by publication to properly serve your missing spouse. You will need to use his last known address for filing and service. I would suggest hiring an attorney to walk you through how to have someone served you cannot locate and where to properly file for... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Is the leaving spouse allowed to take am appliance (dishwasher) out of the marital house and put in a new abode?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

Prior to the filing of a divorce, either spouse can take anything they want out of the marital residence because there's been no standing order preventing them from selling, transferring, taking, or disposing of any items that could be considered marital property. When a spouse files for... Read more »

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is there a general Percentage a judge may award in Spousal Support? Wife believes she is entitled to half my monthly pay

In the state of Georgia I know there are different rules for spousal support. Does a judge look at previous employment if the spouse has quit their job or taken a lower paying position? Married 18 years and she was not a stay at home Mom, though we both worked from home equally. She ran a... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

Spousal support is according to the judge's discretion. There are no percentages, guidelines, or schedules that are used to calculate how much spousal support to award someone. The Court will look at the spouse's need who is petitioning the Court for spousal support and the other... Read more »

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Does my spouse have to leave the home after the divorce is finalized.

I bought my home before I got married and now we're going through a divorce. Oddly, we still live in the same house while going through this.

She has stated several times that she isn't leaving g after the divorce is final.

My question is, when the divorce is final and... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

I think you would greatly benefit from hiring an attorney. It sounds like you have a contested divorce if your spouse is unwilling to even move out. And if you don't present your case properly, the Court could end up awarding her things you disagree with. But at your trial you should... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: Can grandparents file custody/visitation for a child after father got legal custody Nov.2022 from mother?

Mother turned physical and legal custody of both children to each father after being evicted from her own father's rental house. She moved out of state to live with boyfriend. Maternal Grandfather seeking custody/visitation of only one child(Girl 5) and not the other child(Boy 2). Grandparents... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 10, 2023

Grandparents can file a petition for visitation and/or custody. Whether or not they are awarded the relief they are seeking would be up to the court. Should you be involved in a custody action against a grandparent, I would advise you to hire an attorney to represent you.

1 Answer | Asked in Family Law for Georgia on
Q: When petitioning for rights to visit grandchild how do I prove that the health or welfare of the child will be harmed .
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 10, 2023

My best advice to you is to hire you a local attorney in your area. Grandparent visitation is limited and several factors need to be proven in order for the court to determine that visitation is in the child's best interest. If the parent objects to your visitation, you will need to make... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: I will be getting a divorce in Atlanta Ga and I have bought my house 20 something years ago my husband moved in

And has not paid mortgage payments and it is in my name and willed to my daughters. We married when our children were grown and out on their own. Please tell me he not entitled to my home

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 8, 2023

Any real property that a spouse has prior to marriage is normally considered their separate property that they can ask the Court not to include in the distribution of marital property. However, in some circumstances a spouse may be entitled to some equity, depending on their contribution to that... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Do I need a lawyer to get a visitation schedule to see my child or would that be my right after paternity is confirmed?

The matter will be heard in Fulton Country GA and a petition for Paternity and Child Support was filed. I know I need to file an answer and counterclaim for legitimation to get proper rights in GA and a definitive visitation schedule.

There is already a child support order from Illinois... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 8, 2023

If you choose to represent yourself you will be expected to have the same knowledge as an attorney. You will be expected to handle your own discovery, your case in chief and to prepare all of your documents for Court. I would highly suggest hiring an attorney, because the child support, custody... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Hi! I was wondering if theres anything I can do about my daughters dad trying to reach out to see my daughter?

My daughters dad hasn't seen her or even tried to see or hear about my daughter. He lives in tennessee and I moved down here with her cause he mentally and emotionally abused me and now I'm terrified hes going to do something to her. He has kidnapped her when she was 3 months old and... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 10, 2023

If you prevent the father from having any contact with the child, he may decide to file an action to legitimize. If he does so, sure you can object to the legitimation. However, the Court may still determine that the father being in the child's life is in the child's best interest and... Read more »

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Do you have to file contempt in the court that holds the original order?

Ex wife filed contempt in the county I live in that doesn't hold the original order.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 1, 2023

A defendant can typically be sued in the county where they are a resident. She did not have to file in the county that signed the original order unless you had moved out of state. She can file in the county where you live, and I would suggest you hire an attorney.

1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: Is there any way to get a pro bono divorce for low income people?

I don't make a lot of money as I pay half of the household bills. I have a child with my husband, but I need to get a divorce from him.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 28, 2023

There are no pro bono attorneys. There's no such thing. There are attorneys who do some pro bono work. But just like you can't work for free because you have household bills to pay, so do attorneys. Therefore, it's unlikely that you're going to find anyone who is willing to... Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: legitimation/ temporary custody hearing with child’s father august of 2021. I just received notice for a final hearing.

What should I expect as far as the procedure? I thought case was closed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 28, 2023

I can't tell you what to expect when I don't have any details of your case. You stated, "legitimation/temporary custody hearing with child's father august of 2021, I just received notice of a final hearing. What should I expect as far as procedure? I thought the case was... Read more »

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