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Questions Answered by Michael D. Birchmore
2 Answers | Asked in Adoption, Family Law and Legal Malpractice for Georgia on
Q: I am a birth father. The birth mother and I want to contest an adoption we’ve consented. How do we start the process?

The birth mother signed a Post Adoption contact agreement thinking that we would be able to keep in contact with the adoptive parents. The attorney never said that both parties needed to sign. I’ve recently learned that they never signed an agreement. This would have been a dealbreaker in our... View More

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

Get an adoption attorney on the job immediately. You are under a time deadline. Don’t delay.

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1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: Can my ex husband sue me for theft over a phone plan we had together?

When we were married we shared a phone plan. He made all the payments. When I left I took the phone I had and switched my number over to a new phone. Now he threatens me with suing me because I took the phone and also won’t pay him $659 for the phone itself. Can he do that?

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

This issue should have been resolved through the divorce.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: if the father of my child moved out of state with my daughter without legitimacy what actions can I take?

he is rejecting me from getting my child back in my custody as well as mentally abusing her. she has been with him for over a year refusing me of any rights. he recently told me that he has papers saying that my child has to remain in his custody until the court says he can have custody. I do not... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 23, 2021

You need to report this to the Police. If I understand you correctly, this man has kidnapped the child. If the child was born out of wedlock AND if the man NEVER legitimated the child, the man has absolutely -- NO RIGHTS whatsoever to the child. None. Letting this go on for more than a year... View More

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3 Answers | Asked in Divorce for Georgia on
Q: What rights do I have if only married for 19 months and put out of the martial home

My husband owned the house prior to us getting married he has offered no assistance I was however able to get monies he owed me before he blocked account access . He insisted that I leave my job and draw SS benefits stating he was going to take care of us now he wants a divorce where does all of... View More

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

It leaves you in desperate need of a divorce attorney.

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1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: When did this situation start I bought property last year and as a buyer I didn't get anything like this.
Michael D. Birchmore
Michael D. Birchmore
answered on Jul 21, 2021

Your question makes no sense. Try again and provide actual information regarding your situation.

2 Answers | Asked in Family Law and Adoption for Georgia on
Q: My goddaughter which is 24 years old wants us to be her parents on her birth certificate and change her name to ours.

She has been our child for years already be provide for her but she was adopted from the state when she was 4 years old and now she doesn’t want them as her parents on her birth certificate. Can we just put a petition in to have everything change on her birth certificate or do we have to go... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 21, 2021

If you want her to inherit from you as being your own child, an adoption is the way to go. If you do not want to adopt, then you would need to meet with a probate attorney and make sure that all your advance directive documents, Wills, conveyance documents, etc. (whatever is needed to accomplish... View More

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I be the power of attorney agent as well as the witness?
Michael D. Birchmore
Michael D. Birchmore
answered on Jul 21, 2021

Your question does not provide enough factual information for us to provide a dependable answer.

That said, a person appointed to sign under a POA cannot be a witness because the person would then be witnessing their own signature.

2 Answers | Asked in Divorce for Georgia on
Q: Am I still liable to pay of debt from a divorce if my ex wife has stopped me from contacting her & pay off my portion

My ex wife & I had an uncontested divorce. It was agreed that we split all the finances. I was consistently paying her for two months until & she stop contacting me. She has removed me from all the financial accounts we shared together. She has furthered blocked me from all contacts & social media

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 20, 2021

If the agreement between the two of you became a part of the court's order, then you are obligated to pay it as it would be the court who has required you to pay it.

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1 Answer | Asked in Adoption and Family Law for Georgia on
Q: 17 year old living with mentally and emotionally manipulative toxic family ( who are not my parents) wanting to move out

And live with a different family member I turn 18 in two months but I can’t take it here any longer and just thinking about running away

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 20, 2021

DUPLICATE QUESTION.

1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: Is there much that a policeman can do about this situation?

I’m 17. I’m two months away from being 18. I’m moving out and teaming with a trusted friend as a roommate and I’m going back to work and I have a small business as well. I just don’t want to be at home anymore. Is there not much a policeman can do since I’m so close to being 18? I... View More

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

Forget emancipation. Not enough time to make that work. Until you are 18, your parents rule the roost. Should an adult help you move out before you are 18, that person could be charged with interference with custody. It's only 2 months. Focus on the positive things you should be doing... View More

1 Answer | Asked in Real Estate Law and Collections for Georgia on
Q: How to clear up FIFA judgements against a rental property?

I hold title to a single-family rental property. The property has 4 relatively old FIFA judgements against it totaling up to about $12,000 (not including interest accrued since dates of judgements). The judgements were related to credit cards debt of another person (not my spouse) who owned the... View More

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

I understand your reluctance to proceed on your own. Accordingly, speak with local counsel who can help you decide on the right course of action for your situation.

2 Answers | Asked in Family Law for Georgia on
Q: Can you place an ad in the paper to have the biological father removed from the birth certificate ?
Michael D. Birchmore
Michael D. Birchmore
answered on Jul 19, 2021

No. There is a process that provides for this. Speak with a local domestic law attorney to learn the specifics.

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2 Answers | Asked in Divorce for Georgia on
Q: If recently my son found out his wife had gotten a Divorce with free divorce papers from the courts,

The problem here is these papers were filled out and signed while she was pregnant with our daughter. So at that current time we had no child born in the marriage, although they had a son in which she never took the motorized signature of my son ( supposively the dad) and her explanation has been... View More

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

Quit looking at this situation as way to bring criminal charges against her. That's not a goal. That's just vengeance. There are children involved here as well as marital assets at stake. He needs to meet with a divorce attorney now, not later.

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1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: Where can I find extensive information on writ of habeas corpus. Everything I found so far is directing me to West law

I don't need West law. I need other resources not just scanty information and cases. Thanks

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

I'm not really sure what to tell you. Westlaw basically has a monopoly on all written material regarding legal issues. You might try reading the United States Code (Federal statutes). Still, statutes are interpreted by the courts on a daily basis. As courts write opinions (rulings), the... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Wisconsin on
Q: How do I begin a lawsuit and what does it cost

I’ve used Moraccan shampoo and conditioner

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

I agree with Mr. Muwonge. I would also add another issue you must consider. Most states require corporations to be represented by only attorneys. This law applies to any court in which the corporation has been sued. If you plan to sue a corporation (who made the product) you should be aware... View More

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1 Answer | Asked in Real Estate Law for Georgia on
Q: how can I get my cousin over property he want me to sign over to him that was my granddads he wants my signature.

my grand dad passed my cousins dad lived there after he passed then my uncle passed his dad the estate hasnt been settled he said he wants me to sign the land and 8 others the property to him since his dad paid the taxes he sent me a bill for clean up it was $2500 then said he would buy my share of... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 2, 2021

Basically don't do anything you don't want to do. If he persists, tell him to have his attorney (even if he doesn't have one) to draw up whatever documents they would want you to sign. When you get the papers, (which I doubt will ever come to you), if you did get papers - do NOT... View More

3 Answers | Asked in Divorce for Georgia on
Q: Do I have to put the Petition Code on a divorce petition?
Michael D. Birchmore
Michael D. Birchmore
answered on Jul 2, 2021

No, you do not need to do that.

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1 Answer | Asked in Real Estate Law and Consumer Law for Georgia on
Q: RESUBMISSION: What do homeowners do when HOA covenants aren't enforced and even some Board members refuse to comply?

We have lived in our subdivision for 18 years, and it is an uphill battle to see that the covenants are enforced. Examples of non-enforcement include boats and trailers parked on the properties, vehicles parked in the yard, trash/recycling cans showing from the street, yards not kept up, overnight... View More

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

HOA issues are so common everywhere. Either the HOA is too overbearing or it isn't involved at all (like yours). At this point, trying to speak with somebody, or rallying the neighborhood just isn't going to work. IMHO you must now seek legal assistance. Accordingly, I urge you to... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: If my neighbor tree hangs over my roof who has to pay to remove it?
Michael D. Birchmore
Michael D. Birchmore
answered on Jun 29, 2021

This issue can be a little bit sticky. Are there easements involved? How large is the limb? What type damage will occur if the limb falls to the ground? Rather than spending money hiring an attorney, you might approach the neighbor and arrange a mutually beneficial understanding that the two of... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How do I start the process of legitimazation and gaining equal rights to my child? Representing myself, very poor

Having issues with getting appropriate amount of time with my daughter, up to being denied access to the children's hospital where she is having heart surgery. No history of abuse, never been in trouble beyond traffic tickets, no justifiable reason to limit my time with her or deny access to... View More

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

I'm sorry for you in this situation. What you are looking for here cannot be expressed on this website. I don't like telling you that your odds of getting everything you want are very small when you represent yourself. Trying to tell you what to do here would be like us trying to tell... View More

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