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Questions Answered by Beverly L. Cohen
1 Answer | Asked in Family Law for Georgia on
Q: How long can a minor be left alone in the state of Georgia?
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 28, 2013

There is no law on the issue. How long a child can be left alone would depend on the age and maturity of the child.

1 Answer | Asked in Family Law for Georgia on
Q: My Mother passed away and a new will was introduced, but my mother did not date it, can we invalidate for this reason?Ga
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 28, 2013

Whether or not the will is valid will be up to the probate judge in the county where your mother was living at the time of her death.

1 Answer | Asked in Family Law for Georgia on
Q: If a man finds out he has a 5 year old, can he liable for back child support?
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 28, 2013

In Georgia, child support cannot be awarded retroactively. What the father can be liable for is the reasonable expenses of the child from the date of birth until the time child support is awarded.

1 Answer | Asked in Divorce for Georgia on
Q: MY CHILD IS 18 AND OUT OF SCHOOL CAN I STOP PAYING CHILD SUPPORT
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 28, 2013

Georgia law requires child support to continue until the child turns 18. However, if the child turns 18 before the child has graduated from high school, child support must continue until the child graduates but not past the age of 20. My advice is to read the court order that requires you to pay... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: What if a parent wants to give up their parental rights of a minor child but the courts want listen what should they do?
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 18, 2013

In Georgia, a parent cannot voluntarily give up their parental rights to a child unless the child is being adopted by someone else such as when a child is being adopted by a step-parent. The only other time parental rights can be terminated is when the state files such an action in Juvenile Court.

1 Answer | Asked in Family Law for Georgia on
Q: How do I answer a petition for termination of parental rights
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 18, 2013

The termination of parental rights is a serious issue and should not to be taken lightly. Before taking any action yourself, I suggest you seek the advice of an attorney who can review the petition and advise you accordingly.

1 Answer | Asked in Family Law for Georgia on
Q: My wife left 2 weeks ago and took our 13 month old daughter. What county will I need to file for custody and divorce in?

She left while I was out of state working. I was an over the road truck driver. She hasn't let me see or talk with our daughter since she left.

Beverly L. Cohen
Beverly L. Cohen
answered on Apr 18, 2013

For up to six months after you and your wife separated, the divorce can be filed in the county where the marital residence was located. Since your wife left only two weeks ago, if you are still living in the same county where the marital residence was located, you can file for divorce in that... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: What to do and who to call to terminate guardianship of my kids from my crazy mother

I gave my motherguardianship in nevada cuz i was in jail with no bond awaiting court. the day after i gave her guardianship i was released and charges dropped. since then we all have moved to GA and everything was fine i had my kids and all. until she lost her job onjan 25th she has took the nv... Read more »

Beverly L. Cohen
Beverly L. Cohen
answered on Apr 9, 2013

You may be able to find out the answers to some of your questions from the probate court in the county where you live including the whether the Nevada guardianship papers are valid in Georgia. If you need representation, the probate court may also be able to give you the name of an attorney who... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: If I feel like I need to leave the home as a result of irreconcilable differences and my husband refuses

To leave or allow me in the bed, do I jeopardize custody if I let my kids stay in their home and return while he is at work to care for them? I want the least amount of disruption for the kids, but I don't want it to look as if I am abandoning them.

Beverly L. Cohen
Beverly L. Cohen
answered on Apr 9, 2013

Unless domestic violence is an issue, DO NOT move out of the marital residence and leave your children with your spouse. Doing so will jeopardize your ability to be awarded custody. From the conduct you have described, your husband is a bully. Do you want to leave your children overnight with a... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: When Georgia allowed common law marriage, BEFORE 1997, what was the criteria for establishing a GA common law marriage
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 9, 2013

A common law marriage is valid in Georgia only if the relationship was entered into prior to January 1, 1997.

There are three requirements for a valid common law marriage:

1. The parties must have the capacity to enter into a contract;

2. The parties must have an actual...
Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can judge make my ex husband sell the house if he can't refinance the loan? The order stated to remove my name only
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 9, 2013

Your question is not as simple to answer as it seems. In recent years, the subject has been a hot topic in courtrooms throughout Georgia. The simple answer is yes; if a former spouse fails to refinance the mortgage on the former marital residence within the time provided, a judge can order the... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Where can I find FREE printable petition for name change of a minor?
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 9, 2013

Many court web sites have downloadable forms for various types of actions such as divorce and name change. The county web sites where you are more likely to find the forms you are seeking are in large metropolitan areas such as Fulton, DeKalb, Cobb, and Gwinnett. If the name of the county where you... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: My wife hasn't worked since we got married, I sent her to school, nw she filed for divorce, do i have to pay alimony?

She is asking for half of everything, we were only married for 4 years, we have a 2 yr old daughter, and I got the house shortly after we got married, her name isn't on anything, her credit is horrible, i wont her out of the home, but she filed a false TPO on me now I can't got to the... Read more »

Beverly L. Cohen
Beverly L. Cohen
answered on Apr 9, 2013

Your question cannot be answered here because it depends on too many other things. The best advice I can give you is to consult with an attorney. If you have already been served with the complaint for divorce, consider whatever she is asking for in the complaint as her "wish list." In a... Read more »

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1 Answer | Asked in Divorce for Georgia on
Q: ARE THERE ANY PRO BONO LAWYERS IN WOODSTOCK GA
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 9, 2013

Generally, the only place to find a pro bono lawyer is through a program such as Legal Aid, Atlanta Volunteer Lawyers, or a program through the bar association in the county where you live. If you live in Cherokee County, I suggest you contact the local bar association to find out if they have a... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: How much is the flat fee for an uncontested divorce
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 3, 2013

Each attorney sets their own fees for contested and uncontested divorces. Some attorneys charge a flat fee and some charge an hourly fee. I do not know what you mean by "uncontested." Almost everyone wants an uncontested divorce but a divorce is only considered uncontested if both parties... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: "The court finds that an immediate deduction order for child support is not warranted" what exactly does that mean?!

Divorce final judgement.

Beverly L. Cohen
Beverly L. Cohen
answered on Apr 3, 2013

That refers to an Income Deduction Order for child support requiring the non-custodial parent's employer to withhold the child child support from the wages and to send the the child support payment directly to the custodial parent. In your case, the judge did not require the child support to... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: My wife committed adultery numerous times. She wants 1/2 of my SS and pensions. I say no. Who will win?
Beverly L. Cohen
Beverly L. Cohen
answered on Apr 3, 2013

Your wife will win on the SS issue because her right to receive half of your SS is not an issue in a divorce. Her right to half of your SS depends on her meeting the eligibility requirements under SS. The benefits to which you are entitled will not be reduced by the amount she... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: How can I divorce my ex without knowing his location and paying to file the paperwork

I am unemployed and have no money to file divorce papers in the courts I also have been seperated from him for over 3 years I have no idea of his whereabouts and have had no contact since we seperated I have tried everything I can to try and locate him and have been unsucessfull please help me get... Read more »

Beverly L. Cohen
Beverly L. Cohen
answered on Apr 3, 2013

If you are indigent, you can file a petition for divorce without paying the filing fee, however, you must first fill out a pauper's affidavit and obtain an order from a judge granting you the right to proceed "in forma pauperis."

If you do not know the whereabouts of your...
Read more »

1 Answer | Asked in Family Law for Georgia on
Q: House in his name. he left. can i change the locks?
Beverly L. Cohen
Beverly L. Cohen
answered on Mar 11, 2013

The answer depends on whether or not you are married to him. If you are married to him, you can change the locks if he has moved out of the residence.

1 Answer | Asked in Family Law for Georgia on
Q: Can I run an ad in the paper to desolve temporary guardianship?
Beverly L. Cohen
Beverly L. Cohen
answered on Mar 3, 2013

No. To dissolve temporary guardianship, you must file a petition in the probate court of the county where the guardianship was granted.

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