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I am a father trying to allow my daughter's mother to have visits with her, but the mother has threatened not to return our child. There are currently no court orders or formal custody agreements in place. However, I have safety concerns about my child's living conditions with her mother.... View More 
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answered on Apr 21, 2025
If there is no custody order and you are not married to the mother, you have no rights. The mother has full custodial rights, which means she doesn't have to bring your child back. You have to file for legitimation and obtain a custody order.
I need to know how and where to file for divorce. My husband is incarcerated for life in Jackson County GDC, and I live in Haralson County. We have been married for 13 years and have a 15-year-old daughter. There are no shared properties, and I'm not seeking any support or alimony.
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answered on Apr 9, 2025
This is a very easy and inexpensive case for an attorney to handle. The case will be filed in your home county and he will be served in prison. If he does not file a response, a final hearing is scheduled and the divorce granted.
I am involved in a custody case that originally opened in Georgia. The primary custodian relocated to Tennessee during the case without notifying the court or the other party. Subsequently, a case was filed in Tennessee, requesting a transfer of venue after the primary custodian resided there for... View More
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answered on Apr 6, 2025
Here's your problem: an appeal may not help you. Even if there was something improper about Georgia terminating jurisdiction, even if you won the appeal, the remedy would just be to have the order set aside and a new order entered. Georgia always has the power to terminate jurisdiction... View More
Is There a Case Law / Law's in Georgia were Father was granted Primary Physical Custody in a none married couple case? Child live with both parents from birth, mother moved out the home1st time, child continue to live with father, mother moved a 2nd time to another county, again child continue... View More
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answered on Jan 23, 2025
Neither party "should" be granted custody. It's a case by case basis based on the facts under that case. The court considers all the following, then decides. OCGA 19-9-3
(3) In determining the best interests of the child, the judge may consider any relevant factor... View More
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answered on Jan 2, 2025
You do not have to let the child go with the father based on what happened. You can file a case for paternity and child support, and he may choose to counterclaim with a request for parenting time. But speaking with an attorney about establishing a child support case would be the next step.
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answered on Nov 12, 2024
You need to gather all of your financial information and then consult with an experienced family law attorney in your area. Here are some steps you can take:
1. Organize Your Financial Documents
List Your Assets and Debts: It’s important to have a comprehensive list of your... View More
The child support decree ended on my son’s 18th birthday and the mother sent me doctor bills from 11 months ago after the decree ended.
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answered on Sep 5, 2024
A decree doesn't always "end" on a child's 18th birthday, and definitely does not if the child is still in high school. If the bills were incurred while your child was a minor or in high school, you may still owe. Consult with an attorney who can review your decree and give you specific advice.
The payment was in two more payments. However, after no progress on my case for a month I communicated that I need to know what work has been done on my case. The law firm then notified me that they had hired a fraudulent lawyer to work on my case that they now fired. However, when I asked for my... View More
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answered on Jun 17, 2024
You can terminate representation for any reason. It doesn't have to be fancy. You can just send an email saying "I no longer wish to work with you as my attorney. Please stop work on my case and I am hiring someone else. Thank you."
What can I do for the lawyer to submit the documents needed
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answered on Jun 3, 2024
The other side only has to submit documents if you have asked for them the correct way. If you have properly filed and served request for production of documents, interrogatories and request for admissions, you have to follow up to make an effort to resolve the dispute. If you have done that,... View More
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answered on Dec 15, 2023
The divorce can only be moved from county to county if the case was filed in the wrong county. If the marital home was in Gwinnett or the respondent lived in Gwinnett at the time of filing, venue is probably correct in Gwinnett.
I recently broke up with my girlfriend, who has no job and pays nothing, but lives with me in my friend's house. She then abruptly revealed that she is pregnant, a child I do not want. She agreed at first and scheduled an appointment to have an abortion, but is now changing her mind, holding... View More
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answered on Nov 19, 2023
1. In Georgia she is allowed to record without your consent.
2. You can't evict her because it's not your house. You certainly can move if you want to be away from her.
3. You can't force her to have an abortion.
4. She can have the baby and seek child... View More
I have 50/50 custody of my child with my ex-husband, and there's currently no restriction on who can be around our child. My ex-husband's new girlfriend has two children who have harmed my child on several occasions, resulting in injuries like a black eye and a large bruise. I have... View More
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answered on Apr 21, 2025
Your first step is to try to discuss and resolve the issue with your ex. The Court is going to want to see the parties try to resolve issues prior to filing a lawsuit.
In my divorce papers, it states that my current partner cannot spend the night when the children are in my custody. If we get married, would this clause still be in effect, considering the agreement has not been changed since my divorce was finalized?
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answered on Apr 19, 2025
You need to have an attorney review your agreement and give advice. If a specific person was named and stated could not br around the children, marrying that person does not negate that clause.
I am the mother of a stillborn who is buried in a private cemetery in Georgia. I want to move the grave, but the father, who is not legitimized, does not agree. There are no legal disputes or agreements about the burial plot. Who has the legal authority to decide about moving the grave, and what is... View More
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answered on Apr 18, 2025
The mother is the only person who has the authority to move the grave.
I am representing myself in a divorce case, and my spouse has submitted a financial affidavit that includes bills he does not pay. For example, he claims to be paying a cable bill, but we haven't had cable service for nearly two years. I need to file my answer to this affidavit. How should I... View More
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answered on Apr 16, 2025
You don't file an answer to the affidavit. You file your own affidavit and you can challenge his at trial through cross examination.
My husband and I have been married for four years and live in a camper on his grandmother's property. The grandmother has agreed that I can stay here. My husband is having an affair with a friend of mine and has moved out to live with her. He has returned briefly but then continued with the... View More
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answered on Apr 5, 2025
You need to consult with a divorce attorney as well as work out an agreement with the grandmother as it's her property.
I am considering getting an annulment of my 12-year marriage. My husband did not disclose his mental health illness and opiate addictions when we first met, even though I specifically asked him about it. I have known about his issues for approximately 9.5 years. We've gone through multiple... View More
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answered on Apr 2, 2025
No. You can file for divorce. If you found out about his issues 9 years ago and decided to stay, it's difficult to argue fraud now.
I'm recently separated from my spouse, though we are not legally separated yet, and I am in the process of filing for divorce. I purchased a home during our marriage, and only my name is on the property title. There is no prenuptial agreement in place. Do I need to get my spouse's... View More
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answered on Apr 1, 2025
Yes. The house is marital property, and your spouse may have a legal interest in some of the equity funds.
I filed an affidavit of custody election in Chatham County, GA, signed on January 20, 2025, and filed on March 21, 2025. My child's father is now threatening my son by saying he will take away his truck, phone, vacations, etc., if my son follows through with the affidavit. I also have text... View More
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answered on Mar 30, 2025
An affidavit of election filed alone is meaningless. You have to file a modification case in order to change custody.
I am 14 years old and being charged with unruliness. My guardians are trying to take away all the belongings from my room because they say I'm not "thankful for it." Do they have the legal right to do this?
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answered on Mar 26, 2025
Yes.
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