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Questions Answered by Alake Colwell Furlow
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

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: If my spouse commits adultery, what are my legal rights?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

Your rights are the same whether she commits adultery or not. Adultery doesn't change your rights. Adultery may come into play when the Court considers how to distribute the marital property. But one party having fault in a GA divorce doesn't necessarily mean the other is granted... View More

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Legitimation: I wasn’t married to the mother, so in the FA of the Father under “Assets” what should I list for claim?

I wasn’t married to my daughters’ mother, so should I complete the Assets section of the Financial Affidavit of the Father? Also, any item that I would list is my property, so what should I declare is the basis of the claim? Thanks!

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2024

If you're filing an action to legitimize it would be best to hire an attorney to represent you. The matter is much more complex than even filling out the financial affidavit. In response to your question, I'm not sure what not being married to the mother has to do with the assets... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: If assets home/car are purchased during the separation (living in different homes), is this part of marital division?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 18, 2024

Please get a lawyer. Until you receive a final judgment and decree of divorce, signed by a judge, you're married. And anything you buy while married, could be considered marital property, even if you're separated. That's why you shouldn't go out and buy a new house while... View More

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: What should I do to get my grandson back quickly, who is in foster care?

My grandson, my son's legitimate son, has been in Foster care for 14 months. After searching for him for more than a year and a half, we have been aware of this situation for 1 month now. Neither my son nor we knew anything since my daughter-in-law blocked us and kept moving. Now when I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

If your son has not established paternity, then the Court has not established you as the child's grandmother. If your son is unable to legitimize the child and petition the Court for custody, as the grandparent, if you want to seek custody yourself, you should hire an attorney. It will be a... View More

1 Answer | Asked in Divorce for Georgia on
Q: Yes I am trying to get a divorce with minor kids involved but I reside in Alabama and the father in GA in jail what do

What to do he hasnt seen his kids in almost a year now hasn't spoken to them in 6-7 months I just want my divorce and need to know how to do it living in 2 different states

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

You can hire an attorney and have the papers drafted. They can then see if the father will sign the papers. If the father will not sign the divorce documents, you will need to file for divorce and have the father served. And there is a way to perfect proper service on a defendant who is... View More

1 Answer | Asked in Divorce for Georgia on
Q: What does it mean when a Motion for judgment on the pleadings has been filed in a divorce? How do I proceed?

I filed for an uncontested divorce in Henry County, GA, on 2/16/24, with no assets to split or children in the marriage. I received notice on 3/25/24 that the judge would not enter an order at this time as a Motion for Judgement on the Pleadings had been filed with the Court.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

You have opted to represent yourself. Which means, you have to file the proper documents in order to obtain a divorce, just as if you were an attorney. They have given you the name of the motion that needs to be filed, but they will not instruct you as to how to draft said motion. If you are... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How to divorce someone who doesn't live in the United States, and never has, but was married IN the United States?

I was in a long distance relationship with my spouse, who would visit the U.S. to see me often. However, he lives in Canada. He has never lived in the U.S., only visited. On his last visit, we got married. But, never have lived together.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

You can have an uncontested divorce and both of you can sign all of the necessary paperwork. Or if your spouse refuses to sign all the required documents, you will have to file for divorce and have him served, where ever he may be located.

1 Answer | Asked in Family Law for Georgia on
Q: I lost my parental rights due to a Drug addiction. I had no help from DFCS & became homeless. Can I see my kids again ?

I thought the DFCS’s job was to help the parent reunite with the children first and foremost. Well in my case that’s not what happened. I was homeless, drug addiction, an abuse victim, and I had no one. I barely had any visitations. When I had a place to go DFCS would come in and threatened the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

It sounds like it was not in the best interest of your children to have contact with you during that time. Now if you have been sober, have a stable residence, stable employment, and would like to see your children, provided your parental rights were not terminated, you may petition the Court for... View More

1 Answer | Asked in Family Law for Georgia on
Q: I’m having problems with visitation situation and husband. Circumstances have changed majorly since order
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

If there has been a material change in circumstances you can ask the court to modify custody. If it has been more than two years since the last order, you can ask the court to modify visitation. I would speak directly with an attorney about what you consider to be the grounds for a modification... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: seeking family law attorney. Is it common to receive a surprise notice to appear in court for child support ?

the notice to appear in court was sent within less than a 7 day week notice.

We have been trying to locate my grandson, since the mother cut off communication.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

The court can schedule a hearing and serve upon you a notice to appear. As long as it is properly served, the time within which they schedule the hearing is irrelevant. You can always ask for a continuance to hire an attorney if you have not had time to prepare your case. And it's very... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a judge give sole custody with only 3 hrs of dfcs center supervised visits once a weekend ordering no contact outsid

Only for having marijuana in your system

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

Judges can render orders that they feel are in the best interests of the child, and they have a lot of discretion in what they can make an order of the court. So a question that asks if a judge can do something, yes they can, and they probably did. And if you feel like you have been been able to... View More

2 Answers | Asked in Family Law, Personal Injury and Civil Rights for Georgia on
Q: I did everything my case worker ask of me I have a great job my own apartment n more n they still want my rights took ??
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

Unfortunately, if you didn't hire an attorney to represent you as the parent, as you were a party to the case, the lack of legal representation could have been a factor in the outcome of the case. Now if you disagree with the order of the court, I would seek a consultation with an attorney... View More

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1 Answer | Asked in Family Law for Georgia on
Q: Is there a ga code of law defining a petition to apply for minors passport ex parte noncustodial parent?

I am seeking to create a petition to apply for a minors passport because of the refusal of consent although the child was conceived out of wedlock and I am the primary caretaker and custodial parent.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

I'm not sure how you are seeking to create a petition, as there is no such thing. If you cannot obtain the consent of the other parent you will need an order from the court. The proper complaint needs to be filed requesting the relief you are seeking in order for the court to give you a hearing.

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