Questions Answered by Regina Irene Edwards
Q: Sons father charged with aggravated assault by strangulation. He did an Alford plea. Can I get physical and legal cust?
The only answer is, it depends. There are many factors that go into determining custody. While that is a factor that works against him, it is not necessarily determinitive.
Q: Can an unwed father file a petition for legitimation, shared custody, and visitation while currently under a TPO
Yes, the father can file for Legitimation while under a TPO. The court can order legitimation and custody rights while protecting the holder of the TPO.
Q: My daughters father signed a paternal agreement at the hospital after she was born. Does he have to be legitimized b4 he
If he signed a paternity agreement, you can get child support. The legitimation process is up to him if he wants to file and completely separate from the child support process.
Q: Can a guardian ad litem override a judges order on there on with no motions filed
A guardian cannot "override" a judge's order, but he or she can make recommendations in the best interest of the children.
Q: May I file interrogatories on opposing counsel's employer for records of income and expenses in a CS mod case he filed?
Yes, you can file discovery. You can and should also file a counterclaim for contempt of child support and alimony. Depending on the amount owed, if you hire an attorney, your fees can be reimbursed if he is found in contempt.
Q: I married the NCP that was paying me child support. Do I have to take him off CS? He refuses to pay any bills.
Child support should be informed of your marriage. If parties are married, it is presumed that they are sharing in the expenses of the child.
Q: If me and my husband separated in the state of Georgia how fast can I get alimony if I qualify for alimony
There is no set answer. It depends on the county, judge the facts of the case, etc. Alimony is discretionary and there is no standard "qualification." It is case by case.
Q: What case law states that parenting plan provisions are separate and different from a child support order?
There is no law that states what you want it to say. However, most Petitions to Modify parenting plans include a request to change child support in accordance with the proposed new plan, so the 2 year bar would be triggered. The two year rule also doesn't apply to a loss of income situation.
Q: Can my husband still get custody of his son even though The judge issued temp. Custody/Gaurdianship to DFACS?
There is no way someone can give you advice based upon such a unique set of circumstances. He needs to consult with an experienced family law attorney.
Q: What else can be done if I currently have a State of GA Child Support Enforcement case but still not receiving payment?
Private attorney often have better success enforcing orders. As long as you know where he is, a private attorney can file and ask for an incarceration hearing within 30 days.
Q: Have the follow up question below (Roy)
Answered on Oct 14, 2018
Your question is too specific to be answered. I don't know where the agreement was filed, if there is a valid order, or if child support enforcement still has your case. You should gather all of your paperwork and consult with a family law attorney so they can give you advice about your case. There are lots of good attorneys in this forum who can help you. I am full with cases, so I can't, but you should definitely consult with an attorney.
Q: Three years ago me and the custodial parent signed agreement for monthly CS payment amount. Can it be changed without ag
Answered on Oct 14, 2018
Yes, you can file for child support and ask the court to adopt your agreement as an order.
Q: How can a mother lose custody of two kids but not newborn
Every case is different, so that scenario is possible. For specific questions about custody, consult with a family law attorney.
Q: can my child’s father keep our son?
Both parties have equal rights to a child when married. You should consult with an attorney about filing for divorce and asking for custody.
Q: My daughter is 15 and lives in Michigan with her dad. He kicked her out. She wants to come live with me. Need help on
If the custody order is in Michigan, you need to contact a Michigan attorney.
Q: My minor child just became incarcerated. No longer in his mother’s care. Do I still have to pay child support?
You need to speak with an attorney about your case. Unless there is an order stopping child support, you have to pay. You can speak with an attorney about filing to stop child support.
Q: Is a voluntary acknowledgement of paternity considered valid if it is signed? Thus making the child legitimate?
There is no such thing as administrative legitimation any more. The paternity form does not give the father any rights, but just obligates him to pay child support.
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