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Questions Answered by Joseph E. Cheeley, III
1 Answer | Asked in Divorce and Family Law for Georgia on
Q: In terms of spousal support or maintenance, is there a legal requirement that the homemaker be raising biological child?

In GA, I was told that spousal support and other financial responsibilities are not on the table during divorce when the married couple has no biological children together.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Dec 3, 2022

What you were told is not true. Spousal support is not dependent on children being born and raised during the marriage. It is the spouse's need and the other spouse's ability to pay, among other factors.

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Elder Law for Georgia on
Q: I am a widow, 84 yrs. old and I want to know if there is someway I can disown an adopted daughter, 56 yrs. of age.

She is currently incarcerated for elder abuse and several other charges, none of which have been waived. I can reveal more history as needed to receive an answer. I am writing this myself with no prompting from another person. I am totally independent, pay my own mortgage, bills, etcetera.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Dec 3, 2022

The only way for you to "disown" her is to have a well-prepared Will excluding from being your heir. If you don't have a well-prepared will, she will be entitled to a portion of your estate.

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2 Answers | Asked in Family Law for Georgia on
Q: In the state of Georgia, if you have children out of wedlock but then get married does that render the father legitimate
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Nov 29, 2022

Marriage between the parents renders the children legitimate and establishes the father's relationship to the children.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Is child support still warranted if there is joint physical custody with a 60/40 split? If so, who pays?

My ex husband and I have had joint custody of my daughter since we divorced 7 years ago. However, I have had primary custody of her legally. My daughter has expressed interest in living with her dad during the week, which is fine, as long as I still have my time with her. I have always had her... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

Child support will be recalculated based on income and other factors. I can't say whether you will or will not owe child support.

1 Answer | Asked in Family Law and Adoption for Georgia on
Q: How does my husband go about adopting my daughter?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

I'm assuming your husband is your daughter's step-father. The biological and legal father's parental rights must be terminated as part of an adoption. These are very complicated matters that require representation by an attorney.

1 Answer | Asked in Family Law for Georgia on
Q: How can I apply for family kinship placement of a grandchild in foster care?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

You would contact the local county office caseworker or supervisor of DFCS who placed the child in foster care.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Am I allowed to have my son miss a supervised visit with dad for family vacations?

I currently have joint legal custody with my baby's father, and sole physical custody of my son. I am going on vacation to see my family which we do once a year so that we can all be together. My son's supervised visits are always supervised on public by someone that both parents chose,... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 2, 2022

You will need to follow the terms of the court order.

As an alternative, you may propose another day as a makeup, or agree to make the visit on the trip virtual and a makeup visitation. Any agreement should be in writing.

Otherwise, your visitation schedule may need to be revised.

1 Answer | Asked in Family Law for Georgia on
Q: My father died intestate in 2006, him not having a Will we assumed everything belonged to my Mom She passed away Aug ’20

The Deed to the property is in both their names Howard”And" Shirley how do I need to have this probated. Do I need to hire an Attorney?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Aug 25, 2022

Yes, you should definitely hire an attorney.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What can I do if a non-relative is keeping my child from coming home and I have full custody?

I have custody and there is no paperwork stating I dont.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 13, 2022

You can ask a Sheriff to go with you to where the child is located, after showing your order establishing your legal custody rights. If the Sheriff won't comply, you can swear out a warrant with a Magistrate or police for interference with custody.

If the child refuses to go with you,...
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1 Answer | Asked in Probate for Georgia on
Q: What is the proper way to contest or challenge a fraudulent will filed in Solemn form?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 10, 2022

To challenge a Will, one must file a caveat, or objection.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: If my mother dies and she named me in her will to receive her house, do I have to go through probate?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 7, 2022

Whether probate is necessary depends on how your mother has the house titled at her death.

1 Answer | Asked in Probate for Georgia on
Q: Hello my uncle passed away and wanted to leave his house and property to me. His widow is also willing to sign it over

...it over to me. The property is still in his name only and I don't not think there are any liens in the property. It is in the state of Georgia. My question is am I able to do the proper paperwork on my own?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 4, 2022

No, when you are dealing with real estate and property owned by a decedent, you should always have an attorney who practices in this area handle the matter.

1 Answer | Asked in Probate for Georgia on
Q: What do I do if someone is not following a second probate judge order when the first time she did t do anything
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 2, 2022

Hello, unfortunately, I am unclear who "she" is, whether she is the judge, or whether she is the non-compliant party. If the latter, judge's can enforce their orders by contempt. It depends on the issue what the judge may do.

2 Answers | Asked in Family Law for Georgia on
Q: Can I still file for grandparent rights in GA after the unmarried parents were granted legal joint custody in GA?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 24, 2022

If the parents are not separated (which presumably they are if there is a joint custody order) and are not living together, a grandparent may file an original action for visitation rights.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Medical Malpractice for Georgia on
Q: Hello. I had a child born out of wedlock in Georgia, and the hospital stated by law I had to give him my (mother) last

(continued) name. My husband at the time of birth was not present and lived in another state. Did the hospital legally have to provide paperwork to me (mother) to prove that my husband was not the father and so that the child can take the biological father’s last name?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 22, 2022

If you were married, the child was not born out-of-wedlock, so the child is considered legitimate and the child of your husband. The hospital does not have to prove otherwise.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Do I have to pay the mortgage on an inherited house if I put it in a trust?

I am the sole person, listed as beneficiary & awarded in probate court.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 18, 2022

I agree with my colleague, but there may be different issues involved based on the terms, or lack thereof, of the will under Georgia law.

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1 Answer | Asked in Family Law and Probate for Georgia on
Q: Can an administrator decide how much to give an heir?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 11, 2022

No, the administrator must distribute the estate in accordance with the law or order of the court.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: During a temporary hearing in the state of Georgia, which ended with the judge not issuing a ruling but instead

Taking it under advisement, would it be acceptable for the plaintiffs lawyer to ask the judge if he wanted her to send him case texts to help make a decision? The defendant was self-represented only because the opposing side declined when lawyer requested to reschedule so he could familiarize... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 8, 2022

You should rely on the advice of your attorney, who knows the judge and tendencies. Case law is unlikely to make a difference in the judge's ruling unless there are particular legal issues involved.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I have a 24-year-old sister who's physically and mentally disabled. If she burned herself who would be held responsible?

My Mother files her as a dependent but does not legally have power of attorney over her. I am home most of the time with her and help take care of her with cooking and changing while my mom and dad work.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 4, 2022

No one would be liable.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How much notice is needed to be given by the non-custodial parent in GA for summer vacation weeks?

Our papers state we alternate first choice of dates for 2 non-consecutive weeks yearly, dates given by April 15 each year. The papers do not state a deadline for the other parent. My problem is I work, need to arrange daycare, can’t put my son in camps and so forth without knowing as the... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 4, 2022

Unfortunately, there is no "standard," as it depends on the language of the parenting plan. The entire plan would have to be reviewed to see what the judge would determine.

It may be prudent to write a letter or email to the other parent stating that you will make other plans...
Read more »

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