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Questions Answered by Michael D. Birchmore
1 Answer | Asked in DUI / DWI and Civil Litigation for Georgia on
Q: How can a Sheriff Dept. Not have a Breathalyzer machine then say you refused one?

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I received DUI and on the ticket it stated that a test was administered then in the remarks it states I had refused all testing. At the scene I asked for a breathalyzer. None of the 3 units had one. I was then brought to the station and I asked again for a breathalyzer and was... View More

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

You are in a situation that cannot be fixed online. You need to retain competent counsel now to address your DUI case. You should not wait either. DUI cases have timelines.

1 Answer | Asked in Child Custody for Georgia on
Q: Aside from naming guardians in my will, what can I do so my daughters father will not get custody of her if I pass?

My daughter was born in DC. Her father is not on the bc, but there is an order for child support. There are no custody/visitation agreements in place. She has not been legitimized. I am afraid if I die, my daughters will be separated and my oldest will go to the couple named as guardians in my will... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 16, 2021

Until the biological father (assuming you never married him) never legitimates her, he still has absolutely NO rights whatsoever to her. Under your set of facts, it would be similar to stating that "...he doesn't even have a ticket to get into the theater, let alone watch the... View More

3 Answers | Asked in Divorce for Georgia on
Q: My car blew up me and my husband are separated and heading for divorce. Is he responsible for getting me a car
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 15, 2021

Unless there is a court order which requires him to do so; then, no, he wouldn't be responsible to provide a car.

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2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Federal Crimes for Georgia on
Q: If it was discovered that a 17 year old had been living alone for the past 12 years what would normally happen?
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 12, 2021

Unfortunately, you have not provided near enough information or context for us to provide a specific response. Generally, a child is a child until the age of 18. Until the child reached the age of eighteen OR is otherwise emancipated, he or she should be living with the parents or another person... View More

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1 Answer | Asked in Real Estate Law for Georgia on
Q: In Georgia, specifically spalding county, does/do the grantee(s) have to sign the quitclaim deed for it to be valid?

If not, how long does the grantee have to cancel the deed?

I should add this is not a case of estate transfer.

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

1. GranTORS sign every deed.

2. GranTEES receive the property interest (ownership) from the deed.

3. There is no cancellation of a deed per se. If a deed is prepared incorrectly (wrong names, wrong property description, etc.) a NEW (corrective deed) is then needed to correct the...
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1 Answer | Asked in Juvenile Law and Probate for Georgia on
Q: 17 year old laws on partial parental consent to leave home

I'm 17 (living in georgia) and I have my father's consent to move out on my own, but not my mother's consent, am I still able to leave? Does it need to be unanimous, or is it ok if you only have ones permission. I've been reading up on GA law and under Georgia Code - 15-11-2 ,... View More

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

OCGA Section 15-11-2(10) states:

(10) "Child" means any individual who is:

(A) Under the age of 18 years;

(B) Under the age of 17 years when alleged to have committed a delinquent act;

(C) Between 18 and 21 years of age and receiving extended care youth...
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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: how to file a motion to intervene to gain custody or at least fair visitation of my grandson from other grandparent

The other grandparents have taken my grandson from my daughter under complicated circumstances to which I was not privy too nor given the chance to intervene they are in the process of seeking custody but not allowing me to see my grandchild while they have temporary custody. I don't have any... View More

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

Sorry, but you will not be able to do this on your own. Mr. Jordan is correct about other help.

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1 Answer | Asked in Civil Litigation and Employment Discrimination for Georgia on
Q: Security officer at my job taped me for his own personal use without my permission. And also created a youtube page .

What can i do?

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 3, 2021

The immediate thing you can do is to notify your employer. If this security officer has done it to you, chances are he is also doing it to others.

I will try to place your question to a category that might provide more responses for you.

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Good morning I have a question about my recent filings i had filed quit claim deeds and an executors deed.

But the attorneys are telling me that i filed it into a trust how do you file with placing it into a trust? Is there another system that we would have to go through? My client is wanting to sale her home but she has 11 siblings and her mother is the executor of the estate. The attorneys are... View More

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

You have referred to the owner as being "my [your] client." If you are representing someone in a legal matter you must be properly licensed to practice law in the state of Georgia. Only licensed attorneys may do what you have described. You should be very careful as you decide your... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Should I do anything

You

My son lived in my old house for 15 years. He did not pay rent but did pay property taxes and did a few upgrades. We asked him to start paying rent due to my sickness and needed the extra income. He refused and we had to go through a long eviction process. He is now trying to sue me and... View More

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

If you have been served with a lawsuit ("sued"), you need to retain legal counsel right now. You have a limited amount of time to file your response to the lawsuit. If you do not respond in a timely manner, you could lose the case and the property.

3 Answers | Asked in Child Support and Family Law for Georgia on
Q: Can a part time job be consider a increase of income for the NCP. Will this be included in a child support modification?

Can a IDO apply to two different employers at the same time?

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

Absolutely on both questions.

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1 Answer | Asked in Banking, Civil Litigation and Small Claims for Georgia on
Q: Can you get prosecuted if someone ask you to route their money to your account and you keep it?

My boyfriend was incarcerated and wanted me to bail him out. So he gave me his account info to route to my account. His grandfather actually got him out the day before the money posted and he immediately went and used heroin. Which he promised he wouldn't. So now the money has cleared and is... View More

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

The phrase "If it walks like a duck; it's a duck." certainly applies here. If you truly believed it is okay to keep the money entrusted to you for another purpose, you would not be online asking your question. Of course it doesn't belong to you. What would justify you keeping the money?

3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: My boyfriend has been charged with battery. He wants me to recant. Will I get in trouble? Dcf is involved too.

It’s a second domestic battery charge. He wants me to recant and or tell them I just made it up and it’s not true. DCF is involved. Which is a whole different monster. Can my kids be taken away if I we recant or tell them I lied? Or what consequences could I face? They have photos and statements.

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

You should always tell the truth in these matters. Could it be bad for you? Yes. No boyfriend is worth lying in this way.

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2 Answers | Asked in Child Custody for Georgia on
Q: If a father who is not married to the mother of said child at birth but signs birth certificate does he parental rights?
Michael D. Birchmore
Michael D. Birchmore
answered on Jan 5, 2021

No. He does not. To obtain a legal relationship with the child, the biological father must first file a petition to legitimate the child through the Superior Court.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Is my ex husband legally allowed to refuse my rights to visitation with my son if I owe back child support

I've been in and out of the hospital for the past four years and have been homeless for three years of that. My ex-husband, with whom I share joint custody, yesterday refused to allow me to see, talk to, and spend time with my son. He claims that legally he had the right to refuse me... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Dec 22, 2020

Child support is a separate issue from visitation. One is not dependent on the other. The gap of time you mentioned might raise some emotions or questions by the father, but you still have the right to visit according to your court-ordered visitation schedule/parenting plan. It is possible for... View More

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4 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can I file a counterclaim after divorce?

My now ex husband talked me into not getting a lawyer for our divorce. His lawyer did not go over the paperwork with me and advised me it was simple enough to read without a lawyer. I want alimony. Can I still counter claim the divorce?

Michael D. Birchmore
Michael D. Birchmore
answered on Dec 22, 2020

I agree with the first three responses. As long as the case is open and there have been no court orders which might limit the parties in what they can or cannot do, yes. You could file a counterclaim or, if you have already filed one, you could amend it.

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3 Answers | Asked in Divorce for Georgia on
Q: After retirement my husband admitted he is an atheist; I believe in God. Could I be granted a divorce in this situation?

He also believes in aliens and constantly tries to present evidence of his beliefs.

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 7, 2019

In GA, anyone can have a divorce for any reason whatsoever. If you wake up one morning and decide you no longer want to be married, you can take a divorce without having to prove anything else. Religion doesn’t even have to be discussed to get the divorce.

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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: HOW CAN I FIND AN ATTORNEY WHO WILL BE WILLING TO ASSIST ME IN SUING MY ATTORNEY?

I HAVE FILED A COMPLAINT WITH THE GEORGIA BAR ASSOCIATION. MY ATTORNEY STATED HIS COMPUTER HAD CRASHED THEREBY HE LOST ALL RECORDS, THE CASE WAS DISMISSED.

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 5, 2019

On these facts alone, I cannot see the bar complaint coming to anything. Lawyers cannot control bad technology. However, better lawyers will likely have in place backup systems to guard against information loss in the event of technology failure. While the Bar may not provide redress in this... View More

3 Answers | Asked in Family Law for Georgia on
Q: My divorce was in Tx. I'm living here for now. Ex not abiding by our decree. Do I go back to tx and use tx. Lawyer?

Ex is not paying spousal supp., Hes supposed to pay 2,000 for 10 yrs. Plus car ins., phone, med. Ins. Some months I'll get 500 or just 250. Would it be best for me to go back to tx and get a legal aid there? I think it would be cheaper since you would have to fly if I used lawyer in Tx, but i... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 6, 2019

If your ex still lives in TX, then you need to follow up on this in TX. If, however, the ex lives in GA, then you would have to file here to first domesticate the foreign (TX) order and then file to enforce the order (formerly TX now newly GA) here.

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2 Answers | Asked in Family Law and Real Estate Law for Georgia on
Q: Can I sue my ex and his parents for money back on renovations and intimidating me into leaving his residence?

I broke my lease at my last apartment to live with my now ex. He purchased a home and wanted me to come live with him, so I did. I legally changed my address and everything. I paid for utilities and calculated over 3 grand spent since I moved in, on renovations and appliances. A lot of verbal... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 6, 2019

Without a written contract setting out an agreement between all the owners, you really have left yourself exposed to this bad result. Sorry.

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