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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Child Custody for Georgia on
Q: Does filing an emergency temporary hearing for custody override the custody order that is already in place?

There has been no temp order signed by a judge at this time.

Michael D. Birchmore
Michael D. Birchmore
answered on Dec 9, 2021

Only a new (later) order may change an existing order. If there is an existing custody order in place, then it will remain in force until a subsequent order changes it. You should speak with your attorney about this situation.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Legal Malpractice for Georgia on
Q: what is the statute of limitations to file a civil claim against someone using OCGA 16-48?
Michael D. Birchmore
Michael D. Birchmore
answered on Dec 7, 2021

We won't be able to assist you until you provide the complete statute citation. It should read as the following (but with numbers of course).

O.C.G.A. Sec. XX-XX(X)-XX(X)

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Georgia on
Q: i have a confusing question

okay say this woman and man were married but only his name was on the house deed. They divorced and he married another woman. They seperate and he gets back with previous wife. but never divorces the other woman. but him and the first wife get back together (even though he still married to the... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Dec 7, 2021

The answer to your question is very simple. With all the respect I can muster, you MUST meet with a real estate attorney to ensure that this effort is done properly. If it isn't, you will forever regret your mistake.

1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

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

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Will adjudicated arrears accrue interest if a payment plan was created in a modification settlement agreement?

child support arrears were included in a modification settlement agreement and included a payment plan toward the balance. Will the principal amount accrue interest if there is a payment agreement?

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

THAT WOULD DEPEND ON WHETHER THE AGREEMENT PROVIDED FOR INTEREST TO ACCRUE. HOPEFULLY, YOU USED AN ATTORNEY THROUGH THIS PROCESS SO THAT THE NECESSARY LANGUAGE FOR THIS WOULD BE INCLUDED IN THE AGREEMENT. IF SO, YOU SHOULD SPEAK WITH THE ATTORNEY WHO CAN REVIEW THE AGREEMENT WITH YOU TO DETERMINE... View More

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1 Answer | Asked in Civil Litigation for Georgia on
Q: If my license was suspended, 20 years ago due to failure to pay a judgement, how long can they keep the suspension?
Michael D. Birchmore
Michael D. Birchmore
answered on Nov 18, 2021

I WOULD ASSUME FOREVER. IF THE LICENSE IS SUSPENDED, YOU WILL HAVE TO APPLY FOR A NEW ONE. WHENEVER YOU APPLY, THE ARREARAGE WILL COME UP AND LIKELY DENY YOUR APPLICATION. PLEASE NOTE THOUGH, I AM PRETTY MUCH GUESSING AS TO YOUR ACTUAL SITUATION. TO PROTECT YOURSELF, YOU SHOULD MEET WITH AN... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I have permanent custody (guardianship) of my three grands (Georgia). Am I allowed to relocate out of the country?

My daughter, not married to either father, was wild as a teen. She dropped 2 kids off to me we they were born. I retained custody of the last one about 4 years ago. I obtained guardianship until 18 for each of them.

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

YOU WILL NEED PERMISSION FROM THE COURT TO DO THIS. AS AN ALTERNATIVE, YOU MIGHT WANT TO MEET WITH AN ADOPTION ATTORNEY WHO COULD DISCUSS THE PROS AND CONS OF ADOPTING THE CHILDREN. GEERALALY SPEAKING, IF YOU ADOPT THEM, YOU WOULD NOT NEED ANYONE'S PERMISSION TO MOVE THEM WHEREVER YOU WANTED.

1 Answer | Asked in DUI / DWI, Consumer Law, Family Law and Personal Injury for Georgia on
Q: 31 yrs old female first dui and and missed court on the hearing. Bench issued she spent 6 days in jail can she nolo

Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through

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

UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: In Georgia, can parent of 10 year old legally transfer the childs registered horse to another party?

AQHA (American Quarter Horse Association) transfer papers were signed by parent & filled out by the "new owner"; although, the AQHA would not accept the transfer of ownership since the transfer papers were not signed by the owner, who is 10 years old. More details can be provided, if needed.

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

IN TRUTH, THE 10 YEAR OLD IS A MINOR CHILD. MINORS BY LAW CANNOT CONTRACT WITH OTHER PARTIES, CANNOT OWN REAL PROPERTY (PER SE IN THEIR NAME), ETC. THIS ISSUE RECENTLY CAME UP IN ONE OF MY DIVORCE CASES; WHAT TO DO WITH "THE HORSE SITUATION?" THE AQHA IS ALLOWED TO MAKE THEIR OWN... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: I wanted to ask if a mobile that has only the steps attached, no wheels and axles is it affixed or personal property ?
Michael D. Birchmore
Michael D. Birchmore
answered on Nov 18, 2021

If the axle for trailer has been removed and the trailer is now "seated," it is considered to be real property (like land, house, etc.) and no longer personal property. You did not provide many facts in your question. Accordingly, you should meet with a real estate attorney to confirm... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Hi my rent is past due this month and I received notice to vacate.
Michael D. Birchmore
Michael D. Birchmore
answered on Nov 17, 2021

Not sure what your question is. The general response would be that you must pay to stay or vacate.

1 Answer | Asked in Real Estate Law for Georgia on
Q: The person that gave me a property is now dead,they didn’t take their name off as lean holder! Need name remove!!
Michael D. Birchmore
Michael D. Birchmore
answered on Nov 17, 2021

YOU WILL NEED TO MEET WITH A REAL ESTATE ATTORNEY IN YOUR AREA TO DISCUSS THIS. DEPENDING ON THE CIRCUMSTANCES, THERE MAY A QUICKER WAY TO DO THIS OR NOT. IF NOT, YOU WILL NEED TO FILE A QUIET TITLE ACTION (BILL QUIA TIMET - IF YOU WANT TO LOOK IT UP). YOU WILL NOT BE ABLE TO COMPLETE THIS BY... View More

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Georgia on
Q: Notice to the clerk not in proper form heard based on assertion?
Michael D. Birchmore
Michael D. Birchmore
answered on Nov 11, 2021

We cannot do anything for you because your "question" makes no sense. Try again and ask a specific question in proper question format.

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1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I sue the home seller of a home I purchased if they lied about having a permit on the disclosure agreement?

I purchased a home with a renovated kitchen that was not done correctly. The kitchen island is too big (about 2-3 times larger than a normal one) and it's causing the kitchen floor to sag and dip. There was no permit on file when I checked recently. However, the disclosure agreement the seller... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 27, 2021

On any given day, any person can sue another person for any reason. That said, it says nothing about being successful in the lawsuit. You should meet with an attorney who can review your documents and ask additional questions. Only after that can you expect a viable response.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: In the state of Georgia what power does the county have if your land does not perk?

We had to stop our neighbor from digging a trench to drain the sewage from their home into our intermittent creek. Our question is, what can the county do about a situation such as this one? Can they condemn the home if the owner refuses to find a way to control the sewage coming from his home.

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 27, 2021

Your time might be better spent by contacting the Georgia Department of Natural Resources to report this matter; the Environmental Protection Division (EPD) in particular. It is usually taken as a serious matter.

1 Answer | Asked in Family Law for Georgia on
Q: Where can I get the paperwork to contest the name change of a minor child in Georgia?

I was trying to help a friend that is going thru this with his ex wife and their son and wasn't aware that there isn't any "paperwork" that could be filled out for this, I have found documents for other states that can be submitted with an answer to the petition of a name change... View More

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

GA (and most states) does not simply provide "paperwork" to contest anything. The fact that you are asking this question says to us all that you would/could not be able to fill it out correctly even if you had the paperwork. There could be many reasons for and ways the other parent... View More

2 Answers | Asked in Family Law for Georgia on
Q: Child protective services were call by my fiance ex wife. I have until end of day to answer allegations. How do I procee

The allegations were of substance abuse

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

I urge you to do absolutely nothing until you have met and discussed this situation with a criminal defense attorney. Be giving ANY information, you may be be saying things that will get you arrested and worse. Speak with an attorney first.

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3 Answers | Asked in Family Law for Georgia on
Q: Bf baby mother strips away his rights to see their 7 month old when she is mad at him ..What can he do ?

Every time my boyfriend's baby mother gets mad at him she doesn't let him see his son, she controls everything and he doesn't know what to do because he feels like he has no choice or control even though it's his child as well

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 27, 2021

He must first file an action to legitimate the child in Superior Court.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: How can I get my son back full-time?

I was the primary custodian in the divorce proceedings and primary decision maker. Outside of the agreement I allowed for my son to live with his dad. No paperwork has changed our initial agreement. Now he's 15 and I want him back. Do I still have rights? Can I just go get him after he's... View More

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

I strongly recommend that you speak with a Georgia attorney about this personally. We will not be able to give you step by step advice with the little information you have provided. I strongly urge you to get counsel first before you do anything. You will need to coordinate the retrieval of your... View More

1 Answer | Asked in Family Law for Georgia on
Q: Can a runaway teen be but into foster care after running away twice in Georgia?
Michael D. Birchmore
Michael D. Birchmore
answered on Oct 18, 2021

The answer is possibly. The actual facts of this situation would tell us more, but you didn't provide enough facts. You should meet with an attorney now before more damage occurs.

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