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Questions Answered by Regina Irene Edwards
2 Answers | Asked in Child Custody, Family Law and Real Estate Law for Georgia on
Q: I Divorced my wife in Alabama. We have joint custody. She moved to Atlanta without required notice.

I don’t know where they reside nor can I talk to them. They sneak to call me. Do I need an attorney to file an objection and can I file in Alabama without an Attorney?

Regina Irene Edwards
Regina Irene Edwards answered on Aug 24, 2021

If you live in Alabama, you need to hire an Alabama attorney.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: If my son on probation for aggravated assault with knife and got a new aggressive assault case will he get out
Regina Irene Edwards
Regina Irene Edwards answered on Aug 15, 2021

Not likely, but you may want to post in the criminal law section.

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2 Answers | Asked in Child Support for Georgia on
Q: How do I get my child support order lowered due to loss of job and medical issues?

My divorce was in lumpkin co. Georgia a decree was entered December 9 2019

Regina Irene Edwards
Regina Irene Edwards answered on Aug 10, 2021

You may file for modification in the county where the other party resides.

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4 Answers | Asked in Divorce for Georgia on
Q: Hello. Can I file for divorce if there is a TPO granted to my husband against me in Georgia? Thank you.

I know I have to hire a lawyer in GA.

Regina Irene Edwards
Regina Irene Edwards answered on Aug 10, 2021

Yes, you may file for divorce

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can I legally leave my spouse with my children or does he have to be told i'm leaving
Regina Irene Edwards
Regina Irene Edwards answered on Aug 3, 2021

There is a difference between legally ok and morally ok. You would not want him to do this to you (as he is also legally allowed to do.) It also could backfire on you in a custody case. Unless there is a history of domestic violence and your safety is in danger, you need to inform him and have... Read more »

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2 Answers | Asked in Divorce and Child Custody for Georgia on
Q: Does having educational tie breaker also include decision on sending children to preschool and where to send children

I understand preschool is optional and per Georgia Compulsory law children aren’t required to attend school until 6. Dad has educational tie breaker, mom has primary physical custody. Parents previously made a written agreement per email for children to a school and after mom paid tuition and... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 1, 2021

Tiebreaker means the parties are supposed to consult and confer, but the educational tiebreaker can make the final decision, even if it goes against prior informal agreement. Father should have consulted with Mother first, but ultimately, he gets to make the final call.

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1 Answer | Asked in Child Support for Georgia on
Q: can i file a contempt of order for back child support in ga without a lawyer in ga
Regina Irene Edwards
Regina Irene Edwards answered on Aug 1, 2021

A lawyer is not required to file for contempt. It may be a lot easier for you if you have one. Also, if you win, the judge can order that the fees be reimbursed to you.

2 Answers | Asked in Divorce for Georgia on
Q: What if I forgot to submit the summons but the opposing still filed a response to motion to amend final order.

How will Court handle at hearing. Could opposing counsel bring up at hearing to have motion completely ignored?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Not filing a Summons is not fatal to a case - you can always file it now.

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2 Answers | Asked in Divorce for Georgia on
Q: In Fulton County Superior Court Family Division, if an individual I want served with a Motion to Modify Final Order...

has an attorney on record do I serve the attorney with the motion or serve the individual with the motion?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

For a new modification case, you have to serve the other party personally.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have 50/50 physical & legal custody of my children. Can my ex move their school without my consent?

In our divorce papers she has final decision on education. They have been in the same school for years but she recently moved to a nearby county and wants them to go to school there. She never asked me, I found out from the kids. I asked her about it and she says she has final say and is moving... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Your agreement should spell out whose school district controls where they go. In the absence of that, you probably both have the right to enroll them in school, based on the 50/50. You likely will not be able to resolve it through court before school starts, so unless you can prove there's a... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: if the father of my child moved out of state with my daughter without legitimacy what actions can I take?

he is rejecting me from getting my child back in my custody as well as mentally abusing her. she has been with him for over a year refusing me of any rights. he recently told me that he has papers saying that my child has to remain in his custody until the court says he can have custody. I do not... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 23, 2021

You need to speak with an attorney about your case so they can research. I do not recommend calling the police unless a child is in danger and it can be confirmed that he doesn't in fact have a custody order. An attorney can research this for you.

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3 Answers | Asked in Divorce for Georgia on
Q: What rights do I have if only married for 19 months and put out of the martial home

My husband owned the house prior to us getting married he has offered no assistance I was however able to get monies he owed me before he blocked account access . He insisted that I leave my job and draw SS benefits stating he was going to take care of us now he wants a divorce where does all of... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 23, 2021

Given the short length of the marriage, it is unlikely that he will have to give you any more money if you already recovered what you say he owed. You should contact an attorney about an uncontested divorce.

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My son’s dad signed birth certificate late. Will i be able to get child support now or will i have to wait ?

We sent the papers in back in June, but it could take up to 10weeks for his name to officially be added to the birth certificate, can i go ahead & get child support or will i have to wait until his name is officially on the document?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 22, 2021

You can file for child support now.

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3 Answers | Asked in Bankruptcy and Divorce for Georgia on
Q: I got a letter about my ex-husband's bankruptcy case stating "a discharge under 11 U.S.C. & 727 is granted".

Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2021

Most divorce settlements are not dischargeable in bankruptcy. You need to consult with an attorney who can review your agreement, determine what type of payments he owes and then give you advice.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My kids live out state with Mom and I have monthly visitation. I would like to see if I can get credit or

adjustment for travel cost? My CS order is 2yrs old. Can this be done?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2021

A travel deviation is discretionary. You should consult with an attorney. It is possible that even though your order is 2 years old, the support could increase if your income or the child's expenses have gone up, or if the mother's income has gone down.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have legal joint custody with my ex and she will not let me see my child. What do I do?

We were never legally married, lived together 8 years, I am legitimized, pay child support and a court order to have my daughter every week but my ex will not ever allow me to get her. What should my first step be?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 19, 2021

Contact an attorney about filing for contempt. Before you do, send a text indicating you are going to exercise your parenting time at the next scheduled time and you will sue her if she does not allow it.

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3 Answers | Asked in Divorce for Georgia on
Q: My husband and I been married 5 years he cheated could I get alimony
Regina Irene Edwards
Regina Irene Edwards answered on Jul 16, 2021

Him cheating doesn't mean that you will get alimony. Alimony is based on a variety of factors, including his income and yours and whether or not you financially need alimony and if he can afford to pay it.

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1 Answer | Asked in Child Support for Georgia on
Q: I have been over paying in child support for the past 24 months. My court order is 2yrs old.

Can I request my case be reviewed and recalculated to the correct amount? Also can I get credit for the months of over payments and have that applied to my arrears balance?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 14, 2021

You aren't going to get a credit for anything. If the case is reviewed, the child support may go up. There is no way to tell. You should consult an attorney who can run a calculator for you and give you advice about whether you are paying too much based on the income information of both... Read more »

1 Answer | Asked in Child Support for Georgia on
Q: In child support modification do I need to submit the “ REQUIRED DOCUMENTS TO BE PRODUCED” I’m the respondent.

The Petitioner’s attorney didn’t supply me with one. I found it after reviewing Fulton county’s checklist for modification of child support.

Regina Irene Edwards
Regina Irene Edwards answered on Jul 14, 2021

Yes, you do.

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