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Questions Answered by Alake Colwell Furlow
2 Answers | Asked in Child Support and Family Law for Georgia on
Q: GA child support remains until child turns 18 high school GRAD or 20. does CSS stop child support or do I need a lawyer?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

It would be wonderful if the Division of Child Support Services was efficient enough that they were able to stop every child support order when the child turned 18 and graduated from high school. But unfortunately, they do not automatically dismiss your order. Therefore, if you have a garnishment... View More

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I have a temporary guardianship document done outside of the court. can she come and get the child whenever she feel
Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 8, 2023

Guardianship paperwork that has not been made an order through the court is not enforceable. So yes, the parent can come and retrieve the children because you don't have a court order, even if the paperwork is notarized. You need an order giving you guardianship. And you have to go through... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can I attain custody of a non-biological child without court?

Child will need to be enrolled in school and attain a new physician when I assume custody

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

Schools will typically want a court order in order to allow you to enroll the child. A physician will likely want an order in order to let you make medical decisions for the child or schedule an appointment. You will need guardianship papers that have been filed and signed off on by a judge.... View More

2 Answers | Asked in Family Law, Probate and Arbitration / Mediation Law for Georgia on
Q: What happens after you sign in mediation?

I have a signed mediation agreement and now the other party will not sign the final order to go to the judge and her lawyer keeps changing the agreement after mediation is over.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

If you have an attorney you should speak to your attorney about any changes the opposing attorney has attempted to make after mediation ended. If you are representing yourself you could file to enforce the mediated agreement. But there is not a form for that. If a final order was drafted by... View More

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2 Answers | Asked in Family Law for Georgia on
Q: Are there grandparents rights in Ga?

Our daughter and grand daughter have been living with us off and on for 5 yrs during this time when financially took care of their needs. She married a man and they continued to live with us. Seeing that the new husband was verbally abusive to our grand daughter we tried talking to our daughter... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

I would speak directly with an attorney. Grandparents do have rights. But there is a very specific statute that sets forth the requirements to qualify for grandparents rights. If you meet the requirements under Actions by Grandparents or Other Family Members, I would consult an attorney to file... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: If the mom closes a child support case and later reopens it, does the dad owe money for the time the case was closed?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 3, 2023

Child support is always owed as long as you have a court order in place saying you have to pay per month. If she closed the case before the court signed an order, then when she does get an order, the court will not award her retroactive child support if it’s a GA court. Support will start from... View More

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: I closed my child support case in 2018 and just reopened it will the amount also be modified from the previous case ?

My kids father is self employed but files faxes every year and I'm worrying if the new case will be modified

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

You should speak to the child support office where you opened the case and ask them any questions you have regarding how they plan to move forward. And I would also say, it's difficult for child support enforcement to properly handle cases where the non-custodial parent is not a W-2 employee.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: My ex husband lawyer want send me copies of separation papers. Can she withhold them.

I have asked for a copy numerous times. They also tell me they have a recording of me,which I didn't consent to. Can they legally keep this information from me. The county in which they should of been filed has no record of them

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 30, 2023

Whether or not your spouse or ex-spouse has to send you copies of documents depends on what documents they are. It is unclear what documents you are asking for because you stated they were "separation papers." If you mean a complaint for divorce then yes, you should have been served... View More

2 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: My ex husband lawyer want send me copies of separation papers. Can she withhold them.

I have asked for a copy numerous times. They also tell me they have a recording of me,which I didn't consent to. Can they legally keep this information from me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 29, 2023

Speak to a lawyer. Because you refer to the other party as your ex-husband, and if the divorce is final, they likely don’t have to give you a copy of any paperwork. If the divorce is still pending, you are entitled to certain documents to be turned over to you if you request them. But you need... View More

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Am I technically withholding visitation?

ex has history of FV with a FV Battery guilty plea in 2016 & FV Simple Battery charges pending jury trial both I was victim to.

I learned of a domestic dispute during a visitation weekend. There was drinking involved while at a friends pool, my ex was yelling at g/f and her 8yo and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 29, 2023

If you have denied him visitation that he was awarded through a court order, then you may be found in contempt. You telling him to take you to court may look to a judge like you were revoking his visitation. Therefore, if he has filed a contempt action or any action against you, I would speak... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a custodial parent be held contempt of court if they fail to follow child court order in another state?

My child's Custodial parent moved to another state without court approval, and has failed to follow the court ordered visits and calls set by the courts and Judge. What's my legal rights or do I have any at this point ?

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

Unless there was a court order saying the parent couldn’t move, they can relocate. Now what orders normally say is that they need to give the other parent proper notice of their intent to move, and there’s usually a certain period of time listed regarding how much notice like 30 days. So if... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: State of Georgia child custody. The non-custodial out-of-state parent abnegated 98% of their parenting time this year.

The parent is also several months behind on court-ordered child support. The child no longer wants to be obligated to travel out of state to visit the parent in the coming summer and winter holidays.

Is there a case to request the State to remove mandatory visitation rights from the absent parent?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

First there are no mandatory visitation rights. Any visitation the non-custodial parent was given, the court saw fit to award that to them, but it wasn't mandatory that said parent receive a certain amount of visitation. Second, if you want to change the order, you have to file for a... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can you help me put into words what I should write for the motion of temporary hearing?

Hello, I am filing my own divorce paperwork. I am trying to file a motion for temporary hearing for child custody and am having a hard time trying to articulate my words to put on the form. It has been 4 months and my soon to be ex husband is not allowing me to see my child. He has sent me numerous... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 26, 2023

Unfortunately we cannot write out your argument for a temporary hearing in this forum. It is best that you hire an attorney to represent you because they would have likely filed this motion months ago or tried to come to an agreement with the opposing party on your behalf. If you cannot hire an... View More

2 Answers | Asked in Family Law for Georgia on
Q: I have supervised child visitation for only about 2 and half hours a month. The place keeps asking me why I come there

That I need to go back to court and supbonea their records ,I can't afford another lawyer, I've already had 2 that did nothing for me but take my money what can I do?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 26, 2023

You wrote in to ask lawyers what you can do because you can’t afford a lawyer, and really the best advice is to get a lawyer to assist you. We don’t know the circumstances within which you ended up with the visitation you have. Nor do we know what has changed since then or if it has been 2... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Wife left home on 5/2. She then started a relationship with another man in July then shortly filed for divorce.

Will this help me in the divorce proceedings?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 19, 2023

Georgia is a no fault divorce state, so it may not matter a whole lot of there was adultery. It’s unlikely to be a factor regarding custody and visitation as it’s not directly related to her parenting. But could be a factor in spousal support and possibly an equitable distribution of marital... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Is it possible in GA for 1 parent to have primary physical custody and the other parent have primary legal custody?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 19, 2023

Typically the party who is the final decision-maker if the parents cannot agree, is the party who has primary physical custody. It is not typical for the parent who doesn’t have primary physical custody to have sole legal custody or to be the final decision-maker if the parties have joint legal... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: HOW DO I FILE AN ANSWER TO OBJECT LEGITIMATION ?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 18, 2023

An Answer is a response to the complaint within which you have been served. In your Answer you should admit or deny the allegations made by the Plaintiff. You can also state any objections you may have to the relief the Plaintiff is seeking. That relief in a legitimation action is typically... View More

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2 Answers | Asked in Family Law for Georgia on
Q: FAMILY LAW -HOW DO I OBJECT TO LEGITIMATION ? WHAT FORMS DO I FILL OUT TO SEND TO COURT ?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 18, 2023

When you respond to any case as a defendant you do that by filing an Answer. But there are no standard forms to answer an action to legitimize that will likely have the specific objections you are trying to make. That is something an attorney should draft, and it is best for your case if you hire... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Where do I go to contest legitimation?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

If you are served with an action to legitimize and you are the defendant, you have thirty days to provide a response to the petition. In that response you can list all of the reasons why you are contesting the legitimation and why you do not think the petitioner should be granted any of the relief... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: How does joint custody work if both parents do not live in the same state?

We divorced in Georgia. The father is in the army and is still living in Georgia. He said it was fine for myself and both of our kids to go back to Ohio to stay with my family. I am confused how joint custody works for us since he does not see them the way it’s written in our child care plan.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

If you want to modify the visitation or change custody, you have to file for a modification in GA, since the father still lives in GA. Is it worth you going back to court just because he doesn't exercise the visitation he has? The state of GA retains jurisdiction over all family law matters... View More

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