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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Child Custody for Georgia on
Q: How do I fight back CPS when they wrongfully gave custody to my ex with no proper investigation or a report on myself?

I had sole custody of my daughter. With no report of concern on myself but with the other parent making false accusations against me case worker changed custody over to ex and then gave him permission to leave the state with her. Since then he went to file for emergency custody in new state and was... View More

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

Clearly, you have much going on here. We will never be able to address your concerns because everything depends on...well, everything else. You are in need of legal counsel fast. You really needed an attorney long ago before all this happened. Get one now.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My ex & his attorney claimed my evidence was useless, what can I do?

I filed a petition to change child custody (my ex has primary, I want 50/50 as circumstances have changed). I provided text message screenshots between the two of us that clearly backed up the claims I was making; however, he and his attorney filed a response that said all the screenshots were... View More

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

Since you already have an attorney, we cannot provide any advice for you. You should speak with your attorney regarding your questions here. Your attorney is the only attorney that knows what is actually going on from a legal standpoint.

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: In state of georgia, is landlord required to give notice when lease is nearing expiration?
Michael D. Birchmore
Michael D. Birchmore
answered on Oct 18, 2021

The law doesn't require it, but the lease might. Always look to your lease. If it isn't there, it will probably not be something you need to worry about. Most of the time.

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1 Answer | Asked in Family Law for Georgia on
Q: My 94 year old dad changed his will after being on Alzheimer’s medicine for seven years. Is this legal?
Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

There is no law that says a person is too old or too sick to execute a Will. The key issue is whether the person is actually Compos Mentis (of "sound mind" or "...having a mastery of one's mind.") and not Non Compos Mentis (not of "sound mind" or "...NOT... View More

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Once in default must it go to auction or can I follow the signed contract that says Owner may dispose of the contents?

I have owned a self storage facility in Georgia for years and have never held an auction. Our contract was pulled straight from Ga code title 10-4-213, stating we will dispose of the contents if customer is in default. (We always allow 60 days before sending out certified letters or e-mails... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

Your new manager may be correct. Make sure that you are reading the 2021 version of the OFFICIAL CODE OF GEORGIA ANNOTATED. If you remain uncertain after reading the newest language, you should probably meet with a business law attorney who can assist you in understanding your legal obligations.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: What do I do

Ex is suing me for items of furniture that belongs to me claiming it belongs to him and for items that have never been in my home and even a cat that he took me to adopt because I rejected him the other day when he came back to my house and I told him to leave or I would call the police

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

Most people in your situation meet with an attorney who can defend them against the lawsuit.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Verbal agreements and real estate. Was buying a house from my family. Was already in the process for the loan

Two weeks after applying for the loan and they got a better offer and now kicking us out

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

Contracts for the sale of land MUST be in writing before they are enforceable. (Research Statute of Frauds). This is just one of the reasons they might be allowed to do what they do and/or have done.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: OK I want to file suit on the state of Georgia for violation of my constitutional rights for self defense laws
Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

Okay? Did you have a question to ask us?

4 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Georgia on
Q: My husband is keeping our son from me. He kicked me out. I'm worried. He is an addict and criminal with records of both.

My husband and I are looking to get divorced. I am being told that I am kicked out of the house I have been in with him for 8 years now and that he is not allowing me to take our son. My husband is a very bad person who has been in trouble with the law his entire life. He is an addict meth. He has... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

Mr. Schiffer's response was spot on! I agree.

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2 Answers | Asked in Family Law for Georgia on
Q: How does Georgia law work in spilttingmartial assets and debts when one is working hard for the family and other is not

My spouse is abusive, he abandoned family for many months in the past, does not contribute towards family. Free ride with mortgage, insurance and all expenses. Recently got a job but has been paying well for his dates with call girls. How does law work in my case? How assets and liabilities are... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

As Mr. Jordan stated, you really need to meet with an attorney who will discuss this and other issues about which you know nothing. There are many issues involved in a situation like yours.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a resident of Georgia remove the stakes (not pegs) placed by a licensed survey company?

Neighbor doesn't like the results of my survey and has removed the stakes on numerous occasions.

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

No. GA law actually lists this action as a criminal act.

§ 44-1-15. Removal or destruction of survey monuments prohibited; exceptions; penalties

(a) As used in this Code section, the term:

(1) deleted by attorney as not relevant...

(2) "Property corner...
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3 Answers | Asked in Divorce for Georgia on
Q: married 15 years. built a home during our marriage. Husband put in his kid’s names. If divorce, my legal rights?

Zero mortgage and we live in it. My rights,? As in long term as well as short term?

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

The only word I would add to Ms. Edwards' response would be "PRONTO!"

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1 Answer | Asked in Civil Litigation and Employment Law for Georgia on
Q: Does rigging a random drug test to influence the results violate federal laws?

My brother is a journeyman welder that has been self employed most of his work time. He took a regular 7 to 3.30 w2 type jobs at a concrete company here in Georgia. His supervisor in the plant he was assigned instantly disliked him. He caused several small drama filled instances for him, but his... View More

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

It's "random" in the sense that it was conducted unannounced in advance. You did not tell us what your brother's result should have been. If he didn't refuse, he must have participated in the screen. If he participated, then what was his result?

1 Answer | Asked in Child Custody for Georgia on
Q: How can a father get joint custody of his child
Michael D. Birchmore
Michael D. Birchmore
answered on Sep 27, 2021

Retain an attorney and discuss the situation first. If the attorney believes you have a viable claim, you would file with the court papers seeking custody. Please don't try to do this without legal counsel. There are a number of issues involved.

2 Answers | Asked in Animal / Dog Law for Georgia on
Q: can't have a dog where i live. The dog has been at my cousin's house for the past 6 months. Can he legally give it away?

Can my cousin legally give my dog away. He pays for the food and has for the past 6 months and I rarely have a chance to visit my dog. He can't take care of it any more and I can't take it with me. I have no one else who will watch it. I don't want to lose my dog tho.

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

I completely agree with Mr. Schiffer. Of course, the "down and skinny" question would be "Where else is the dog going to go?"

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1 Answer | Asked in Family Law for Georgia on
Q: How long after a hearing can request a motion for a hearing on attorneys fees?
Michael D. Birchmore
Michael D. Birchmore
answered on Sep 24, 2021

Ask your own lawyer who should have already requested them. You cannot get attorney fees awarded to you if you don't have an attorney.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have a 4 year old daughter I gave temporary guardianship to my sister I went to probate court to terminate

I have a four year old daughter I gave temporary guardianship to my sister I went to probate court to terminate the guardianship due to my sister not letting me visit my daughter or let my daughter spend the night with me she don’t let me see my daughter at all…..I have a mental health... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 24, 2021

We won't be able provide a reliable response on the information (lack of) provided. However, I would say that it is certainly a good start!!

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3 Answers | Asked in Family Law for Georgia on
Q: How do I pursue a modification of child support?
Michael D. Birchmore
Michael D. Birchmore
answered on Sep 24, 2021

You start by filing a complaint for modification of child support. Then, you address the numerous issues that will come up after that. Of course the best answer is that you work with an attorney who will do all this for you. This forum isn't set up to be a step-by-step do it yourself guide.

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2 Answers | Asked in Real Estate Law for Georgia on
Q: I own a property jointly with my brother. He is refusing to pay half the property taxes. What do I do?
Michael D. Birchmore
Michael D. Birchmore
answered on Sep 24, 2021

Pay them or lose the property at a tax sale. A partition is not a bad idea, but it might do more than what you are wanting. Meet with an attorney to discuss.

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1 Answer | Asked in Civil Litigation for Georgia on
Q: Can I file suit on an officer who discharged his firearm in my vehicle unlawfully?

I was charged with aggravated assault on an officer and locked up for 3 months until the charges were dismissed due to lack of prosecution

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

Can you? Sure. Would you win? Not likely. Still, speak with an attorney if you believe you need to pursue it.

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