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Questions Answered by Michael D. Birchmore
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... View 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... View 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... View 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... View 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... View 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 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... View 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.... View 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... View 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... View 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...
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2 Answers | Asked in Child Support for Oklahoma 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... View 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... View 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... View 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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3 Answers | Asked in Family Law for Georgia on
Q: We have had permanent guardianship for our 9 year old grandson since he was 2 years old. 7 years, our daughter has asked

Court to give her custody back, when we go to court, what can we expect

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

This is a question to put to your attorney. You will certainly need counsel to assist you in this case. Under new law you may even have a good shot at this. However, it all begins with the attorney.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: In regards to wholesaling in Georgia, what are some situations, scenarios or things that could get me into hot water

I just want to make sure I’m doing everything legally.

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 25, 2021

As you have not provided any details or specifics, we will not be able to provide you with a simple response. It appears that you may be thinking of starting a business. Congratulations! If this is true, the very best advice you can receive now is to find a good business oriented attorney.... View More

2 Answers | Asked in Child Custody for Georgia on
Q: My ex handed me court papers at the bus stop and said I was served and walked. Is this a legal way to serve me papers?

It’s a child custody case and I have less than 10 days to find a lawyer. What can I do?

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 25, 2021

First, find a lawyer now. The lawyer will tell you whether service was proper or not. You should not take a chance on "maybe it was" or "maybe it wasn't" proper service.

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3 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Is there a law in GA if either divorced parent spends the night with their current partner it automatic custody lost?

If either divorced parent spends the night with their new partner. No cohabitation is happening. Each parent has their own address separate from their current partner. Ware county, pierce county, Brantley county.

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 19, 2021

No. That is not the law.

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1 Answer | Asked in Estate Planning, Elder Law and Real Estate Law for Georgia on
Q: A joint mortgage with our daughter & husband: if there's a financial judgment on them is whole home susceptible or 1/4?

In our upcoming retirement, we are considering refinancing our home as a joint mortgage including our daughter and husband. If in the future there is a financial judgment against our daughter or husband, for whatever reason, is the entire home value considered or only their share?

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 18, 2021

There are many other pieces of information we would need to provide a competent response. That said, you would not want to include the daughter and husband on the mortgage. Why would you unless they, too, are going to be co-borrowers? Perhaps you are thinking about putting them on the d-e-e-d... View More

1 Answer | Asked in Civil Litigation and Probate for Georgia on
Q: my husband passed away February 17th 2021we were separated he was staying with friends and who stole all his belongings

I have receipts I know people that have bought the stuff and I know the stuff was there my daughter went in and seen it after he passed away she was not allow me in the house.

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2021

I am very sorry for your loss. We hear of this type situation frequently. You can report all of this to local law enforcement, but I am thinking you may already have done so and not gotten much encouragement from them.

Unfortunately, unless there is plenty of specific information (video,...
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2 Answers | Asked in Real Estate Law for Georgia on
Q: In GA, wife’s name not on rental property deed or mortgage. If I pass away does she automatically get the house?
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2021

Not automatically - no. You should speak with a GA Probate attorney regarding your specific situation. She may have to go through a number of legal steps to accomplish placing title in her name. You may learn that placing her name on the title will help. However, speak with counsel to be... View More

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