My ex wife filed for divorce from me while I was incarcerated and won. I’ve always questioned his paternity based on her infidelity, but I know he needs a good dad. Now I’m remarried and my ex is making my life hell. She won’t allow me to see him, but receives child support. I don’t know... Read more »
You can't force a DNA test outside of current litigation. You may file for legitimation and ask for a DNA test in the court of the custody proceedings.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
Fair, Flat Fees Only - No Hourly Billing
I pay $300/month in child support and I'm responsible for making sure he has insurance, which he does. While in my care, my son needed to go to the dr and we split all uninsured medical costs in half. Can I take the amount the custodial parent owes me out of the next months child support? For... Read more »
No. You must pay the child support and collect the expenses separately.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
Fair, Flat Fees Only - No Hourly Billing
Im trying to move out due to personal reasons, and in pretty sure u can move out at 17 but idk what all i have to do
Nothing. You are a minor until 18.
Your case has an entire history that led to DFCS involvement and a safety plan. You need to speak to an attorney that can review all of the documents, evidence and hear your story before giving advice about a case in progress.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777... Read more »
Does business profit count towards an the income for the NCP?
The child support office will not make the effort to get into business income and expenses. A private attorney is better to help get the correct amount of child support if there is a business involved. If a parent owns a business and provides tax returns that show 40k in income, even if they live... Read more »
She also provides the health insurance. Can she terminate me on her policy if she decides to?
The home is a marital home, so she cannot force you to leave. Prior to filing for divorce, she can terminate you from the insurance policy. If you file for divorce, that will prevent her from terminating the insurance until the divorce is final.
--Regina Edwards |... Read more »
My daughter kicked her husband out of the home back in December due to violence I’m the sole care taker of my daughter and kids this man does not pay support or help with any thing these children he drinks and does drugs doesn’t have a home or job he calls her daily making threats he will have... Read more »
Yes. When the parties are married, they both have equal rights to the children. A divorce needs to be filed in order for a court to intervene in parenting time.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
Fair, Flat Fees Only - No Hourly Billing
My niece been living with me for 3mo. Her mom just told us she now is moving 5 states away in 2 days. But her 16 yr. Old isn't going with her. What will happen?
Can I sign for her Drs. And school stuff?
Will they get her mom for abandonment?
Your sister and the child's father need to sign guardianship or custody paperwork with you.
No. Child support is paid to the custodial parent.
Child support In SC states beyond suspending the NCP license that’s all their doing in COVID 19. The director of child support in ga states she will not put a lien on his accounts, they only look at them. The arrears is almost 10,000. The NCP is an Over the Road truck driver. Also this is a... Read more »
You can hire a private attorney to enforce the order.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
Fair, Flat Fees Only - No Hourly Billing
They live out of state and both have very good jobs and a well taken care of family and they have room for me and have asked me to join them
Your boyfriend's parents need to contact an attorney to help you.
My ex wife and I were divorced two years ago. We have a 6 year old daughter, who we have share custody of (equal time). However, the courts labeled her as primary physical parent. I recently remarried and had a son and a step daughter, plus a wife whom doesnt work. I pay 350.00 a month in child... Read more »
$350 is such a low amount that it likely would not be worth it to try to file to lower it.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
Fair, Flat Fees Only - No Hourly Billing
The primary custodian is the children’s mother. She has not kept them in two weeks I pay my child support every two weeks. They have been staying with me and my family during these two weeks they have been to her house two days and I’m being generous. Do I still need to pay child support even... Read more »
Yes, you have to pay child support.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
Fair, Flat Fees Only - No Hourly Billing
They also want to do DNA to make sure the child is his.
The father has to file for legitimation. He has no rights at all until he does so.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
Fair, Flat Fees Only - No Hourly Billing
My husband's ex moved his child to South Carolina from Georgia 6 months ago. The original order was filed in Georgia. He wants to modify visitation but isn't sure if or how to transfer the jurisdiction of the case to South Carolina. What is the motion called that he'd have to file to... Read more »
The case must be filed in Georgia. Georgia is the only state that has jurisdiction over the case. A Georgia judge may have the option to terminate its own jurisdiction and allow a case to be filed in South Carolina, but that is unlikely after only 6 months.
He said he filed for custody (this just happened june 17) and is refusing to bring him back. He will not even tell her where her son is, and he living with his new girlfriend. My daughter and him are not divorced. She has been in ga with the son for 8 months
She needs to file for divorce in Georgia immediately and ask for an emergency hearing.
The mother, step-father and 17 yr old got into an argument over child not cleaning his room. Step father told him to get the f... out.
No.
I have an elderly friend who has full custody of her great grandson. She is wanting to have paperwork stating who the child should be appointed to in case of her death. She wants to appoint a non family member. Is that possible?
How can you not have a say in where the child should go.... Read more »
It's not possible to designate who will take care of a child after a guardian's death. That is not binding. Whoever wants custody at that time will have to file something.
My ex recently remarried and his new wife posts pictures of my kids on her social media and I am uncomfortable with that. We have shared custody but I have primary custody as they are with him less than a quarter of the days of the year. Am I legally justified to ask her to refrain from posting... Read more »
You can ask her, but she doesn't have to agree. Unless there is a provision in your divorce decree regarding social media, either one of you can post whatever you like.
I know that there could be legal issues if I take my child out of Puerto Rico without the fathers consent BUT, what if I did not live in Puerto Rico at the time of birth . Let’s say I have a baby in Georgia and then I move to Puerto Rico with the child father where he has always resided and then... Read more »
In Georgia, an unmarried mother has all rights to custody, so you can move as you wish. If Puerto Rico is your destination, then you should consult an attorney there to figure out if those rights would be affected by moving there.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
