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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Trying to see if its possible for a judge to take my daughter from me..
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answered on Jul 15, 2023

It's possible if the judge feels your client could be in danger. You may want to reconsider if the relationship is worth the possibility of losing custody of your child.

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2 Answers | Asked in Divorce for Georgia on
Q: If my wife moves to Florida is that considered abandonment
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answered on Jul 15, 2023

No.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: spouse abandoned marriage, refusing to reconcile, money I do not want her to take if she files divorce. Can I donate it?

I know people in need that can use it. Spouse refuses to talk to me so we can’t discuss it. I want to make sure I won’t be in trouble if she moves forward with divorce.

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answered on Jul 8, 2023

You should not "donate" marital money ahead of a divorce. You will likely have to account for it in the divorce. If you don't have a prenup, marital assets will have to be divided. You don’t get to unilaterally decide what she can or cannot have.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: In a child custody case , i have witness statements. Do I have to subpoena to the witnesses to use them in a Hearing ?

I want to use them the witnesses in a hearing. The dad overindulged in alcohol and is aggressive to child and mother .

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answered on Jul 8, 2023

Witness statements can not be used at a final trial. They must testify in person. At a temporary hearing, you can use witness affidavits.

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1 Answer | Asked in Child Custody for Georgia on
Q: Me and my ex husband share 50/50 will I lose custody over this

Me and my ex husband share 50/50 custody of our daughter. One week on one week off. In my time when my daughter is with her dad, I see a man that has never met my daughter and my ex has hired a pi to obtain a background check on him. Well he had a prior family violence charge that got dropped to... View More

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answered on Jul 7, 2023

Given what you described, you probably wouldn't lose custody. Your ex would have to prove harm to your daughter. If your current boyfriend has never met her nor harmed you, there is no danger to her.

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: Doesn't child support validates the constitution?

The administrative process violates separation of powers and is unconstitutional. In re Marriage of Sandra Lee Holmberg vs Ronald Gerald Holmberg as well as other case laws that already a exist.

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answered on Jul 4, 2023

No, child support does not violate the constitution.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: Can I receive alimony if I've been married only 6 years to a controlling man who cuts me off financially whenever he wa

He didn't let me work due to his jealousy and also because he wanted to get citizenship through me. I basically have to do whatever he wants or he'll cut me off financially. I cant get a lawyer because I dont have the finances. He owns a business as well. He also has an order of... View More

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answered on Jun 30, 2023

It will be hard to get alimony after only 6 years. You also may have an issue with enforcing it. If he works "off the books" you'd have a hard time actually getting the money. You should definitely get a job lined up now so you can be financially independent.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: What is the purpose of going to mediation for divorce if I am not requesting anything from my husband?

I filed for divorce and have not requested anything which would be uncontested. My husband hired an attorney and I don't understand why. I just want him to sign.

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answered on Jun 28, 2023

The point of mediation is to try to reach an agreement. He may sign the agreement in mediation.

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1 Answer | Asked in Divorce for Georgia on
Q: My ex-wife has ignored my requests for payment for the sale of the house disbursement. I have sent three emails so far

What are my options? This is part of the divorce settlement.

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answered on Jun 27, 2023

If she has not complied with the divorce decree, you can file for contempt.

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: How long does custodial parent have to submit non custodial parent medical bills in Georgia?

I'm having an issue with my child's mom. Part of out child support agreement is that I pay 50% of non elective medical expenses. I was informed thru email 5/4 of services for our child. First service was for and ENT rendered 1/30. I was sent a bill for that service 5/4. The next 2... View More

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answered on Jun 23, 2023

You need to look at your agreement. If the order doesn't say that she has a time limit tp send the bills, then there isn't one.

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How do I proceed?

I recently had a judge grant me a paternity test (at my expense) for my ex’s legitimatization case. I wasn’t given any paperwork when I was at court, and am not sure my next steps. The testing site must be one that can be used in a court. Do I need to just find a testing site, get us (my son... View More

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answered on Jun 20, 2023

That is the correct procedure for the DNA test.

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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What are my rights as far as what say I have in my child’s care after DCFS has removed her from failing a drug test ?
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answered on Jun 20, 2023

You should probably hire an attorney. But the best thing you can do now is stop using drugs and follow the case plan. They will give you a case plan to follow to help you get her back. Best of luck.

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: How do I get free legal help in a child custody case?

My parents and sister and brother in law are trying to take custody away from me for my 12 year old daughter.

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answered on Jun 15, 2023

You can try Georgia Legal Services or Atlanta Legal Aid.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: My husband and I are separated does he have to help me financially
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answered on Jun 8, 2023

If you have minor children and the children live with you, he has to support them. If you do not have children, it is not a given that he has to support you. That depends on what each party makes and the need for support. A divorce or separation case will have to be filed in order for you to... View More

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How do I go about withdrawing from a temporary child custody order?

CONSENT TEMPORARY ORDER ON PLAINTIFF'S PETITION FOR LEGITIMATION AND CUSTODY OF A MINOR CHILD

Does it have to go in front of the judge? Do I file a motion for this? If so, how?

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answered on Jun 6, 2023

You will have to file a motion to try to change the order. It is unlikely to be successful unless you have a very good reason. "I changed my mind" is not a good reason.

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My ex and I have been divorced since 2012, he literally only paid one child support payment, can I get reimbursed?

We separated in 2010 and he owed back support from that time. My ex moved to Oregon after the divorce (from South Carolina) he worked under the table for a friend and lived with this friend until both kids were 18 (~5 years). South Carolina wouldn't do anything about collecting the money. I... View More

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answered on Jun 1, 2023

Yes, you can still collect this money.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How do I try to find a lawyer who might take my case pro bono? Should I just call Family law attorneys and ask?

I really need a lawyer for this legitimization case. We went to court a couple of days ago for the first time and I felt so lost and stupid in there alone. The judge wouldn't even let me speak and basically was on their side...that's how it came across to me. I wanted to run out that... View More

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answered on May 18, 2023

Call Atlanta Legal Aid. Custody cases are difficult and time intensive, and it's hard to ask a stranger to provide a valuable service for free. Legal aid is free and the sometimes will assist victims of domestic violence.

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: What is the deference between the "DOMESTIC RELATIONS FINANCIAL AFFIDAVIT" vs "Child Support Worksheet"?

I am in the process of filing a CS modification and wanted to know which will be used to calculate the child support amount.

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answered on May 16, 2023

The financial affidavit outlines your income, assets, debts and expenses. The child support worksheet is what will contain the child support amount. You will have to know what information to input and where in order for the worksheet to work the way it was intended.

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3 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Georgia on
Q: 2 Fridays ago, my daughters half brother asked if he could spend the night. We picked him up not knowing he snuck out.

His mom applied for a warrant and now there's a pre warrant hearing. I honestly didn't know. Do I need an attorney?

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answered on May 15, 2023

Yes, you need an attorney.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my husband take my kids if they aren’t his but his name is on birth certificate and we were married at the time
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answered on Apr 24, 2023

You already asked this. It is unclear if the children were born during the marriage or if you added them to the birth certificate during the marriage. If they were born during the marriage, they are legally his children.

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