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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Landlord - Tenant for Georgia on
Q: In a dispossess proceeding against me for a house I own. No notice. plaintiff won. entered illegally w/o sheriff

Eviction my property in Ga. No landlord tenant relatioinship. Person entred my house illegally, broke locks removed all belongings[2 story home ownd for 60+years family] Indiv. placed stuff in storage. I wasn't there, and dont know what was removed. Never seen storage unit. Also removed a... View More

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

Wow. Sounds like you're into it. Did you have a question for us? You gave us a story; not a question. We can only answer questions that you put to us.

3 Answers | Asked in Divorce for Georgia on
Q: Im disabled. My ex-husband made me sign a non-contested divorce & threatened me. Can i go to court and get my part?

I signed divorce papers under the threats of an abusive Narcissist. I am disabled with no income. I was married 25 years. Can prove duress and abuse along with adultery. I cant afford a lawyer as i have 0 income. Waiting for my disability to be approved. Is there anyone that will help me get what i... View More

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

If you have already signed off on the final papers, depending upon the timeframe, you might be too late. Meet with an attorney immediately to see what can be done.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My daughter is 18 and her boyfriend is 17 he dose not want to be home.his mother is BIPOLAR AND refuses to take her

Her meds and is very abusive mentally and physically can he leave home

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

No. He is a child until he turns 18. You need to know that helping him go against his parent(s)' wishes could put you at odds with the law. You might be charged with interference with custody. If the situation is bad enough, you might consider calling DFCS (Department of Family and... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Hey. I sold 1 acre 15 years ago in Ga. he has always uaed my driveway. Can I stop him using my D/W as he has one.
Michael D. Birchmore
Michael D. Birchmore
answered on Jun 26, 2021

To know the answer to your question, a real estate attorney will first need to examine the deed/title records of the county. The answer will hinge on whether there is an easement granted to him. He may also have obtained the right to do this by prescription. None of this will make sense here,... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Looking for the Georgia code concerning inheritance of an only child. without probation of a will.

Need the code which states an only child must provide three affidavits stating the person is indeed an only child

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

Not saying you will find it, but the Probate section of the Official Code of Georgia Annotated (OCGA) can be found here:

https://law.justia.com/codes/georgia/2019/

1 Answer | Asked in Civil Litigation for Georgia on
Q: My ex harasses both my family and I and is now stalking me.

My ex will call my family and I (we all have him blocked) via blocking his phone number at all hours of the night. We have been separated a year now. He also stalked all my profiles on every platform trying to reach out to me until I blocked him. NOW all of my accounts passwords are trying to be... View More

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

You might consider requesting a temporary restraining (protective) order. These are the same thing and are typically referred to as a TPO or TRO depending on the person. Check with the Magistrate court in your county.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Does the state of Georgia consider VRBO a business inside the residence? This is a violation of our covenants.

VRBO is not desired in our neighborhood. Before we vote on the matter, I felt we might need legal advice. Our covenants restrict businesses in the residence. We might need a lawyer to address our board members. I am the president of ROHA or Royal Oaks.

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

You may locate appropriate counsel through this website if you search by topic - HOA, Real estate, Covenants, Restrictions, etc.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I terminate a lease due to no lead paint pamphlet or lead disclosure of any kind being given?

The house was built in early 1900s. None of the boxes in the lead based paint section of the lease are checked one way or the other, and there is no disclosure statement of any kind. My daughter who is in college signed the lease. Within the last month of her living in the house, the landlord has... View More

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

To assist us in helping, can you tell us why you even signed the lease if you knew it didn't have the disclosures you now reference?

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Landlord - Tenant for Georgia on
Q: How did the judge change his summary judgement where I was not a defendant to me becoming a co-defendant and liable?

Not on any lease for the apartment complex with no signed documents with them I had moved in to help the lease holder financially two plus years ago with him leaving town shortly after I continued to pay the rent and utilities for over 20 months no issue but late once COVID hit. Was to get... View More

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

Honestly, there are too many moving parts in your situation. It would be best for you to sit down with an attorney to discuss the problems you have individually and more specifically.

3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my ex tell where I can stay during my visitation time. ie a hotel if necessary.

My ex lives 6 hrs away and I have been driving staying with her, but it is causing too much drama. And now I don’t want to stay with her, but I don’t want to give up my visitation time with my kids.

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

Sit down with a child custody attorney to discuss your situation. We cannot answer your question here because we don't have enough information. You may need to take some form of legal action to get where you want to be.

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1 Answer | Asked in Juvenile Law for Georgia on
Q: Can u leave at 18 if ur parents mis treats me and neglect me in Alabama?
Michael D. Birchmore
Michael D. Birchmore
answered on Jun 23, 2021

You mis-posted your question as being one dealing with GA law. Still, your question is one that any attorney anywhere could answer. A person who has reached the age of 18 is NO longer a child. That person would be an ADULT. An adult can move, live, etc. wherever they choose to live. No... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have property, I am the Administrator. I have a neice & nephew no interest other than sell. I would like to divide

equally. There are 21 acres. Can I sell their portion and distribute funds and I keep the remaining?

This is in Ga

Michael D. Birchmore
Michael D. Birchmore
answered on Jun 22, 2021

I will not try to answer your question as it appears that Probate issues exist. Can you please elaborate on your question so that the Probate attorneys will have a better understanding of your specific question. Is the land in a trust? Is it encumbered in any way? Is it part of an estate? How... View More

2 Answers | Asked in Divorce for Georgia on
Q: Divorce

My wife of 9 years moved and left me in GA

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

Did you want us to answer a question for you? If so, you need to post the question here first.

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4 Answers | Asked in Divorce for Georgia on
Q: Which county do I file for divorce?

He went on the run 2 years ago and I haven't heard from him since. I just got confirmation that he is in Cobb county jail. Last known address was mines in Gwinnett but he gave his family address in Rockdale at the jail. All are 3 different countys in Georgia. Also can he be served in jail?

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

I agree with the ladies' responses. The best thing you can do now is meet with a divorce attorney to map out your next moves.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I'm an unmarried father of an 18 month old mother gave consent for her mother to have custody

they served me with an rule nisi/ex parte/ restraining order what can I do do I get legitimized then go for custody of just answer them and file a counterclaim

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

You need to file a Petition to Legitimate the child in the Superior Court of the county of residence of the child or yours. If you do not know how to do this, you will need to retain legal counsel to it. This would be best given you are now under a TPO. Truth be told, it can be tricky to do... View More

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3 Answers | Asked in Divorce for Georgia on
Q: I'm unemployed due to a business failure and considering a divorce. My wife still makes 100k.

Is there any advantage or disadvantage to getting a divorce while unemployed? I keep hearing very different opinions on this issue. Who's right?

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

We don't know. More information is needed. Are there children involved? What assets will be fought over? Who is paying the family's bills right now? Do you live in the same house? What are you doing to get back on your feet?

I can say that if you file for divorce now, the...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: My neighbor has surveillance on my home 24/7 and posts his videos to Facebook inaccurate information to make me look bad

My neighbor uses his security camera as surveillance on my home 24/7 and he uses his video 2 post to Facebook inaccurate information to make me look bad and harass me on social media the video that he posted on Facebook on June 13th 2021 I have downloaded and I have the post where he was harassing... View More

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

It would be difficult to impossible to tell you whether what he does is improper or not. One would probably need to see the camera in question and how it is "aimed." It could be that he is simply trying to keep his property safer. As to suing him, what are your damages? How have you... View More

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Georgia on
Q: Do you intervenors have a right to continue case of defendant kills himself.

Modification of custody filed in District in which I was divorced two hours away from where me and my daughter currently live. Defendants parents intervened & got his visitation. Defendant killed himself. I still have to drive and pick up my daughter from her grandparents four hours round-trip... View More

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

Meet with a family law attorney to map out your course going forward.

1 Answer | Asked in Child Custody and Probate for Georgia on
Q: My sons grandma has temp guardianship, it was to help me until I got back on my feet she now refuses to give him back

I have my own house my own car , I have a job I’m able to provide. She’s being spiteful and doesn’t want to give him back to me. She manipulated me into all of this & then once I figured out what she was doing I asked her if I could have my son back. And she told me that I needed to have... View More

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

Given that you have described this person as you did, the best advice that I can provide is that you should retain an attorney to assist you in this matter.

1 Answer | Asked in Child Custody for Georgia on
Q: What do I need to do to get full custody back of my 2 children? I don’t have the money to hire a lawyer.
Michael D. Birchmore
Michael D. Birchmore
answered on Jun 14, 2021

The only effective suggestion is that you should beg and borrow the funds to retain counsel. You may also contact GA Legal Services to see if you qualify for a reduced fee attorney.

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