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Questions Answered by Regina Irene Edwards

2 Answers | Asked in Child Support, Constitutional Law and Family Law for Georgia on

Q: Maximum Jail Term for "Civil Contempt -- Back Child Support"

What is the maximum length of time that a person can be held in jail for "Civil Contempt -- Back Child Support"? There are no criminal charges. Amount of child support arrears is $3,500. The person in jail has zero financial resources and zero ability to come up with the money to pay the... Read more »

Regina Irene Edwards answered on Aug 1, 2019

The court will only order jail time if the court finds that she has not exhausted all resources in order to try to pay. $3500 is not a lot of money to come up with. She needs to have applied for loans, title pawns, sold jewelry, gotten a 2nd job, maxed out credit card, asked for money from... Read more »

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1 Answer | Asked in Child Custody for Georgia on

Q: does facebook messages matter during a custody battle

Regina Irene Edwards answered on Aug 1, 2019

Yes, they can if they contain information relevant to parenting and co-parenting.

2 Answers | Asked in Family Law and Child Support for Georgia on

Q: What happens after contempt order is not followed?

My daughters father sued me for legitimation and was given more financial responsibilities than we had agreed upon verbally. Since the judges final order, he has not complied with any of the judges orders, including visitation (reduced amount of time than he previously had). I filed a contempt... Read more »

Regina Irene Edwards answered on Jul 31, 2019

If you have a Georgia order, you can file for contempt again in Georgia.

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2 Answers | Asked in Family Law and Insurance Bad Faith for Georgia on

Q: CIGNA called me. They made a mistake on my short term disability payments. They state I have to pay them back. Do I?

I applied for automatic deposit. 4payments we’re electronically deposited. I also received weekly paper checks. CIGNA states electronic deposit was done under a different persons account and deposited in my account. They say I have to pay them back the 4 payments that were electronically deposited

Regina Irene Edwards answered on Jul 31, 2019

Yes, you have to pay back money that was erroneously sent to you.

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2 Answers | Asked in Child Custody for Georgia on

Q: Can I move to another state if ex has primary custody of daughter.

My fiance and I live in Ga and are moving to Tn in September. My ex has primary custody of our daughter. I am not taking her with me and plan to come to Ga for my visitation. Do I need to have permission to move by myself?

Regina Irene Edwards answered on Jul 30, 2019

You do not need permission, but you do need to notify your ex of your change of address at least 30 days in advance.

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1 Answer | Asked in Child Custody for Georgia on

Q: If my child was already a year old b4 me and the father gi married, do I have sole custody?

My husband trying to keep my child from me

Regina Irene Edwards answered on Jul 29, 2019

If you married the biological father of your child, your child is legitimation and he has equal rights. You do not have sole custody.

2 Answers | Asked in Divorce for Georgia on

Q: My husband is trying to get alimony ..I barely make enough to cover the Bill's and he quit working 8 months ago...

He left almost a month ago ,took all of his personal items, all TVs and left me with the Bill's 2 months behind ...I barely make it now and he says his attorney says I will have to pay him alimony...is that possible?

Regina Irene Edwards answered on Jul 29, 2019

There are many factors that go into whether or not alimony should be paid at all, but alimony can't be awarded if there is no ability to pay. You need ton consult with an attorney who can review both parties' financial situation and give you specific advice.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on

Q: Do I have to take my children back to their mother even though we are still legally married?

Everytime my kids come over they tell me that they do not want to live with their mother anymore. I ask them why and they tell me that they are scared of her and her boyfriend. No divorce has been filed by her or I so do I still have every right she does?

Regina Irene Edwards answered on Jul 29, 2019

Both of you have equal rights. You need to consult with a family law attorney immediately about your situation. Trying to deny her access to the children almost always backfires.

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3 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on

Q: My children no longer want to live with their mother and they express this everytime they come over.

Their mother and I are still legally married,we have not been together since 2010. My children are 11 and 10 years of age. They tell me that they are scared of their mother and her boyfriend and that her boyfriend bullies my son by punching him in the arm and chest and calls him a sissy and a... Read more »

Regina Irene Edwards answered on Jul 29, 2019

You need to speak with an attorney about your situation. No one can advise you of your custody chances based upon a short message. Custody encompasses many factors, and the judge has to analyze all of them before making a decision.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on

Q: If i refuse to sign legitimization papers, can i be forced to acknowledge them?

unlegitimized child. father has domestic violence charges and child cruelty. does not pay child support. may want to legitimize his son

Regina Irene Edwards answered on Jul 25, 2019

You don't ever have to sign legitimation papers. He can file for legitimation and ask the court to award partial custody and parenting time, even if you don't agree with it. Consult with an attorney about your options.

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3 Answers | Asked in Divorce, Family Law and Contracts for Georgia on

Q: Is there a deadline for parties to submit a consent final order to the judge for approval in a divorce case?

Both parties are in agreement of the contents but opposing partys' attorney is not in agreement of how the agreement is written - says order text MUST match exact text from agreement given to the court - although the proposed order drafted by opposing attorney has been altered without consent.... Read more »

Regina Irene Edwards answered on Jul 25, 2019

This is not a general question, but a very specific one that no one can answer on this forum. In general, the oral agreement should match the written agreement. Without proof of the oral agreement, you may have an issue. You need to consult with an attorney.

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1 Answer | Asked in Child Custody for Georgia on

Q: What are the options for answering/responding to an order to Domesticate a Foreign Judgement of Child Custody?

I am seeking to modify/change the foreign order & have all of the necessary evidence to back my case available. I am just not sure if I file for full custody OR ask for modification of the foreign order in regards to how I should actually answer/respond?

Regina Irene Edwards answered on Jul 22, 2019

How to answer a case you've been served with is something too specific that can be answered here. You need to consult with an attorney to make sure it is done correctly. Having all the necessary evidence won't help if you don't know the correct procedures for introducing it to the court.

2 Answers | Asked in Divorce and Family Law for Georgia on

Q: Can an attorney request that I sign a divorce settlement without a notary?

The attorney of my ex is asking me to sign the divorce settlement that is to be sent to a judge - without the presence of a notary. She says I can do that because she is also the notary that will be stamping our agreement. I have a major issue with this. ONE - how can she prove I even signed the... Read more »

Regina Irene Edwards answered on Jul 22, 2019

The point of a notary is to verify that the person purportedly signing actually did sign. Therefore, a proper notary signature includes in person signing and verifying the drivers licence. You should never sign a document and send it for notarization later. That is highly improper.

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3 Answers | Asked in Contracts, Divorce and Family Law for Georgia on

Q: Hello. Is there a deadline to submit a divorce settlement agreement to a judge for approval in Georgia?

I dismissed my attorney from my case and am now pro se. My ex still has an attorney. We are not at odds and have an agreement. We went to a hearing where we just said we had an agreement. His attorney later sends me our agreement with added clauses (not agreed to during hearing) - telling me i have... Read more »

Regina Irene Edwards answered on Jul 22, 2019

You do have issues if his attorney is adding things you do not agree with. You need to seek counsel yourself to resolve this. It's not working out trying to do it on your own.

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2 Answers | Asked in Family Law and Child Custody for Georgia on

Q: In ga what should I do if my son's father isnt giving me my court ordered visitation, sent a demand letter last year

My son's father said he could deny my court ordered visitation because he gave me extra time with my son before

Regina Irene Edwards answered on Jul 19, 2019

You need to speak with an attorney who can review your court order and give you advice.

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2 Answers | Asked in Communications Law, Divorce, Family Law and Child Custody for Georgia on

Q: Any advice on trying to communicate with my kids dad about the kids? He doesn’t want to talk to the kids or let the kids

Visit. Sometimes block us from calling. But as the primary parent I’m told I should always keep communication open to him if he chose to talk to the kids. But how can that go both ways. Seems double standard. Would like if he kept constant communication with kids since they ask about their dad.

Regina Irene Edwards answered on Jul 19, 2019

You can't force him to be a good parent.

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2 Answers | Asked in Divorce and Family Law for Georgia on

Q: What legal rights do I have as a stepfather of an adult child living in the marital home to get them removed?

My wife does not agree with them being removed. The adult child is unwilling to follow a simple rule of not eating or drinking in their bedroom. They leave trash everywhere.

Regina Irene Edwards answered on Jul 18, 2019

You can file for an eviction.

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2 Answers | Asked in Divorce for Georgia on

Q: I been married for almost 5 years, how much would it coast to obtain a divorce we both want a divorce but afraid of fees

Regina Irene Edwards answered on Jul 17, 2019

Attorneys fees vary by attorney, based upon their experience and level of expertise. Some, like myself, charge flat fees. Some attorneys charge by the hour. If your divorce is uncontested, that will not cost as much as a contested divorce. It pays to do things correctly, so save for an... Read more »

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2 Answers | Asked in Family Law and Child Support for Georgia on

Q: Jailed for Civil Contempt -- Back Child Support

Woman was in a "homeless" shelter and working very hard to get her life back together after several difficult situations (generally not of her own making or choosing). She was employed and making real progress. Her path to getting out of her situation was totally disrupted by her being JAILED for... Read more »

Regina Irene Edwards answered on Jul 17, 2019

She was jailed because the court found she had resources to pay child support and she chose not to.

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