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Questions Answered by Michael D. Birchmore
2 Answers | Asked in Child Custody for Georgia on
Q: State of Ga. I have joint custody of my 11 year old son. Ex has primary physical. Can she move in with a boyfriend?

Is there a Ga state law regarding overnight stays on this?

Michael D. Birchmore
Michael D. Birchmore answered on Apr 15, 2021

Ms. Edwards is correct. If you believe your child will somehow be in danger as a result of this move, you can petition the Court for a modification of custody which may alleviate the issue. Always speak with a competent attorney before you do anything.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: I have an incident report of a then "parking committee" person that reported to the board. This person is now a board.

She is now a board member. I filed a incident report 1 5 yrs ago. She trespassed into my home and lectured the laborers about parking. I was told about it when I came home from laborers. Can I still take legal action against her?

Michael D. Birchmore
Michael D. Birchmore answered on Apr 14, 2021

Sorry, but you have not provided near enough information. First, your question states this occurred 15 (?) years ago. Did you mean 1.5 years ago? What do laborers have to do with the situation? Most important question of all would be --- How were you harmed by any of this? It appears that you... Read more »

3 Answers | Asked in Divorce for Georgia on
Q: My wife and I are getting separated and she has my car in another state. What can I do legally to get it back
Michael D. Birchmore
Michael D. Birchmore answered on Apr 14, 2021

File for divorce and request the car be awarded to you.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: How do I file an injunction against CHOA to prevent building an 8 story building that blocks sunlight from my home.

The original plan was for a two-story power generation plant built partially undergroud, but plans changed without notice to the adjacent property owners.

Michael D. Birchmore
Michael D. Birchmore answered on Apr 12, 2021

Meet with a real estate attorney and retain him/her to draft, file and serve the appropriate documentation. you will not be able to complete this on your own. It is highly likely you will also face having to pay the other side's attorney fees if you proceed.

3 Answers | Asked in Family Law for Georgia on
Q: How do i get my daughters last name changed from her fathers to mine?

My daughter has her fathers last name. She’s 6 months old and he hasn’t been involved since she was around 3 weeks old. I went to the Probate court office in my city and they told me that me and him would have to both sign since he’s on her birth certificate but he won’t sign even though... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 12, 2021

You may file to have her name changed through the court. However, the father must be notified of this if you proceed.

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2 Answers | Asked in Divorce for Georgia on
Q: In filing out my petition for divorce r venue my husband and I got married in Plantation, Fl However, he never lived

in the United States. In the venue section, can I put that he never lived in the US and resides in England and just provide his address.

Michael D. Birchmore
Michael D. Birchmore answered on Apr 12, 2021

You certainly may.

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2 Answers | Asked in Child Custody for Georgia on
Q: Can a judge give custody of my kids to the paternal grandmother without my knowledge of the proceedings/or signature?

I was in prison at the time of this filing and I never signed anything nor was I served a copy of anything other than the initial motion?

Michael D. Birchmore
Michael D. Birchmore answered on Apr 12, 2021

Ms. Edwards is correct. You will need to speak with an attorney at this point.

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2 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Can a family member represent me as my lawyer in child support court in the state of Georgia?

My sons father has his sister in law as his lawyer and they are both falsifying information to the court. Isn’t this a conflict of resolution?

Michael D. Birchmore
Michael D. Birchmore answered on Apr 12, 2021

If your family member is an attorney, then they could represent you. In GA, anyone may represent themselves. However, only attorneys may represent others.

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3 Answers | Asked in Family Law for Georgia on
Q: Can my marriage be annulled based on numerous lies my current spouse told me regarding his financial status?

Lies he told me prior to our marriage: He has 2 biological minor children (not by me) and he does not pay child support. He does not make the income he told me he made. His credit score is below 500 and he lied about that. Without my knowledge, he recently paid his personal bills with my credit... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 6, 2021

Doubtful - most likely. In sum, you just married a liar. Very sorry. Seek counsel to confirm my response in light of your specific situation.

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2 Answers | Asked in Divorce for Georgia on
Q: I have a petition for divorce. My husband resides in London. England. He is consenting to venue here in fulton county

He never lived in US . i want to make sure I word the venue correctly on the form.

Michael D. Birchmore
Michael D. Birchmore answered on Apr 6, 2021

Did you have a specific question for us?

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1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: I own a horse and my barn made a lease contract on her and I never saw or signed a contract, do I have to comply?

I was talking to the manager about leasing my horse. She said she’d be happy to help me out. All the sudden I go to the barn and I’m told I can’t do anything with my horse because she is leased on a contract I’ve never signed or read. She is also making money off this contract which I feel... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 5, 2021

Meet with a contracts/business law attorney and show the contract there. We really cannot provide dependable information to you when we have not read the agreement's terms.

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: If I'm ready to have my child back but the guardian doesn't agree, what will happen?
Michael D. Birchmore
Michael D. Birchmore answered on Apr 5, 2021

You have asked about this issue many times in different ways. Honestly? The best thing you can do to help yourself is to meet with a family law attorney. In that meeting, the attorney can ask you questions which will present your overall situation and allow the attorney to present an overall... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: Can I file an additional complaint to an existing case if the dependent has already answered ?

I just realized the defendant is breaking the order...in many ways

Michael D. Birchmore
Michael D. Birchmore answered on Apr 1, 2021

It is difficult to provide a dependable response given that we have very few facts of the case in your question. Sitting down and speaking with a custody attorney will always be your best course of action.

That said, if I have read your question as you intended it, you would not...
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2 Answers | Asked in Criminal Law for Georgia on
Q: How do I find out if the charge was dropped or is it on my record

I went to jail in 2017 for battery and cruelty to children 3rd degree where all I did was move the child out of the way so she wouldn't be hurt a cps worker came to the jail to talk with me and I never heard anything else from it I'm wanting to know how can I find out if they did charge... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 1, 2021

In addition to what Mr. Jordan has said, you may also want to re-post your question in the Criminal Law category as your question centers upon criminal law and not family law.

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2 Answers | Asked in Family Law for Georgia on
Q: Is it illegal to kick your 12 & 17 yr old adopted sons out for 3 days now ..no food no clothes shower or epi pen

I am biological mom and kept contact since they had been taken and they have endure mental and physical abuse I report it but no help..she even says if I pay the 5000.00 to her she will sign them over and it's against the law. She kicked them out for eating food and she has done this many... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 30, 2021

Quite a lot of things going on here. You probably ought to let DFCS know everything you know. They would pick up the case or not.

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1 Answer | Asked in Child Support for Georgia on
Q: How can I change a child support order without an attorney?

I am in OK. My ex is in GA (where our divorce was, but he's in a different county). My oldest son went to live with him and I kept my youngest so we had new papers drawn up. The support order was calculated on both of our incomes of course but as mine was lower, the order only shows that he... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 29, 2021

The best advice is always going to be: "Use an attorney." I'm not sure how the attorney was at fault in your question. If the child support order had been signed, the case was, in effect, over. The attorney would not do anything else once the case was over. If you are stating... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am trying to apply for Homestead Exemption in Cobb County, Georgia, but have been denied.

I have been in Cobb County, Georgia since January 4, 2020, taking care of my 87 year old mother. She is in an assisted living facility in Marietta, Georgia I can no longer afford to pay rent for a place to stay. My spouse and I are separated at the present time, and he deeded a single family home... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 29, 2021

The GA homestead exemptions process can be a little confusing for some. I have provided the web address to the State's website on the matter. Each county may have its own variations though. You are going to need to study it to understand it better.... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: Can a condo developer in the state of GA refuse to turn over HOA to homeowners despite completing/sold >95% of complex?
Michael D. Birchmore
Michael D. Birchmore answered on Mar 28, 2021

Whether / and/or when the developer must turn over the development to the owners is set forth in the initial declaration of covenants and restrictions (C&R). As long as the declaration was recorded properly on the deed records of the county, the owners are deemed to have purchased with full... Read more »

3 Answers | Asked in Business Formation, Business Law and Civil Litigation for Georgia on
Q: LLC is joined as Third Party Defendant in a counterclaim lawsuit, LLC is served with process, does LLC have to Answer?

In other words, please confirm if an LLC who was properly served with process to the registered agent (who is not an attorney) by court order, needs to hire an Attorney to "Answer" a counterclaim lawsuit as a Third Party Defendant. And please confirm if there is any Georgia State law... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 28, 2021

In GA, all corporate entities (Inc., LLC, P.C., etc. - corporations, limited liability companies, etc.) must be represented by a GA attorney in lawsuits.

If the LLC has been sued, counsel should be obtained immediately. Even if it is not known whether service of process was proper and...
Read more »

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2 Answers | Asked in Child Custody for Georgia on
Q: decree my exes boyfriend is not allowed contact with our children, but after the divorce they get married is it ok now?

in our divorce decree my exes boyfriend is not allowed contact with our children, but after the divorce they get married does that make it o.k. for him to be around our kids? In context the decree only allows for visitation at my ex- mother-in-laws house, to avoid there being contact, he is a... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 26, 2021

If it is in the decree then no. The man should not be around the children. Please meet with a family law attorney first (!) before trying to do something on your own. This situation can be tricky and turn ugly very quickly. Good luck!

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