Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kim Ebert
3 Answers | Asked in Child Custody, Child Support, Estate Planning and Family Law for Georgia on
Q: Divorce decree says kids can talk to the other parent through age appropriate devices. Is this appropriate for 4 yr old
Kim Ebert
Kim Ebert answered on Apr 14, 2019

According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce... Read more »

View More Answers

3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have an ongoing child custody issue with a non biological father who is listed on the birth certificate.

I have an ongoing child custody issue with a non biological father who is listed on the birth certificate. ( The child was born in Texas, I reside in Clayton County, the non bio father and child in Paulding County.) Since 2013 I have beer trying to the child back in my custody, but he has refused.... Read more »

Kim Ebert
Kim Ebert answered on Mar 31, 2019

Under the facts as you've stated them, I don't see termination of parental rights or adoption as a reasonable expectation on your part but I don't know enough to state definitively. I don't quite understand some of what you've written so it's tough to address things much further. Look, it's a... Read more »

View More Answers

2 Answers | Asked in Family Law for Georgia on
Q: If someone has temporary guardianship of my daughter what are my parental rights
Kim Ebert
Kim Ebert answered on Mar 31, 2019

A lot depends on why another person has temporary guardianship of your daughter and whether or not such guardianship is voluntary. At any rate, your question is so vague it doesn't permit an answer without further discussion. Consider consulting with an attorney to discuss the facts of your... Read more »

View More Answers

2 Answers | Asked in Family Law for Georgia on
Q: My son is upset at me and decide he want to live with his father. He’s 15. Is there a way I can stop this! Please HELPme

His father is helping write letter, modifying documents and etc... what can I do to stop this? Do I even have a chance? He’s 15 but his father lives in a bad area and has a substance abuse problem. I don’t want to give up ... I know he’s 15 but he’s still a kid! Please help me.

Kim Ebert
Kim Ebert answered on Mar 31, 2019

If you are served with a modification action, you must answer it of course. As you seem to know already, Georgia allows children 14 and over to express their preference as to which parent they want to live with. That choice is presumptive and may be used to seek modification, time limitations... Read more »

View More Answers

3 Answers | Asked in Family Law for Georgia on
Q: Prenup to protect income from previous marriage child support obligations -ASUME

We currently live in Georgia. We are planning to get married in Florida. My partners exwife is currently living in Puerto Rico and receives child support thru ASUME. Before we get married we want to do a prenuptial agreement to protect my income from being subjected in the calculation of child... Read more »

Kim Ebert
Kim Ebert answered on Mar 12, 2019

So your inquiry is rather specific. I'm not exactly sure about what you think a pre-nup will accomplish in this circumstance. People cannot contract away their obligation to pay child support, if they have one. However, if you consult with an attorney to verify the facts first, I think you may... Read more »

View More Answers

2 Answers | Asked in Family Law for Georgia on
Q: After judge Sings off on a required to complete Parenting classes, what is the time frame given to complete it?

The judge Signed of on the parenting plan we came to an agreement in October 2018. Parenting class for father was a mandatory. Father is now saying there’s no time limit and refuses to take the classes.

Kim Ebert
Kim Ebert answered on Mar 11, 2019

A Parenting Class is always required in any domestic relations action including children. If it was a temporary parenting plan and there's still a final hearing in the future, then ideally before the next hearing. Your attorney will let the judge know. If the by judge signing off you mean on a... Read more »

View More Answers

2 Answers | Asked in Child Custody, Family Law and International Law for Georgia on
Q: As part of a deal for my international custody case the opposing party is wanting temporary custody given to them.

My lawyer agreed on this without my knowledge

Kim Ebert
Kim Ebert answered on Mar 11, 2019

Yes, talk to your attorney about your concerns. He works for you. If that still doesn't resolve the issue, you may consider a consult with another attorney to discuss your options. ~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.

View More Answers

2 Answers | Asked in Family Law for Georgia on
Q: My granddaughter is in foster in Georgia she was moved into Florida to be fostered by my mother can she do guardenship?

The supervisor of defax told my daughter no my mother couldn't do guardenship cuz she lives in Florida but the child is placed in Florida with my mother as foster. I have read that guardianship could be done if parental rights we're thinking of being stripped but if so do they go through Florida or... Read more »

Kim Ebert
Kim Ebert answered on Mar 2, 2019

You're in luck. I'm licensed in Florida and Georgia. I disagree with what the DFCS employee said. The issue really is whether your daughter will consent to the Guardianship of her child. If the answer is yes, there's really no reason that a Guardianship action cannot be had in Florida even if... Read more »

View More Answers

4 Answers | Asked in Family Law for Georgia on
Q: How to enforce court order for visits in GA from NE jurisdiction

Need GA child custody lawyer

Kim Ebert
Kim Ebert answered on Mar 2, 2019

First, you may wish to consult with a local attorney here to review the language of the order(s) that award you visitation. A competent attorney in this manner will also provide you options. Hopefully both personal jurisdiction of the other parent and the order(s) of which you speak are the same... Read more »

View More Answers

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: So we're other than legal aide can we find a pro Bono lawyer for family law around Valdosta Georgia?

I am a grandma of a daughter whom got into trouble in Georgia. While my daughter was jail defax came in took her daughter out father's care they did contact her and put her in temporary custody but I also contacted them telling them I would take guardianship of her if anything happen and have my... Read more »

Kim Ebert
Kim Ebert answered on Feb 28, 2019

Even if you can't afford a retainer of an attorney to represent your interests in this matter, and an attorney certainly can help you, some attorneys offer consultations for a fee that will give you guidance as to what steps you may take without an attorney to represent you in court. Good luck.

View More Answers

3 Answers | Asked in Family Law and Child Support for Georgia on
Q: Can I sue my ex for overpayment in CS?

Can you recoup or sue the custodial parent for overpayment in child support if the court never issued a stop order in child support for 2 years past the 18th bday of the child?

Kim Ebert
Kim Ebert answered on Feb 28, 2019

Did you continue to pay child support voluntarily waiting for someone to tell you to stop or were you subject to garnishment for arrears? You should consult with an attorney.

View More Answers

4 Answers | Asked in Family Law for Georgia on
Q: I'm the non-custodial parent and my child is very disrespectful due to slander from the custodial parent.

What is the process & fees for relinquishing parental rights & can I emancipate the child without having to relinquish rights as the non-custodial parent? How does emancipation & relinquishing work?

Kim Ebert
Kim Ebert answered on Feb 28, 2019

Emancipation of a child is not a good thing. For parents, it generally means asking the Court to declare the child a juvenile delinquent and that's a path that no parent should hope for as it means that the State will take control of the child and may commit the child to an institution. (Besides,... Read more »

View More Answers

3 Answers | Asked in Child Support and Family Law for Georgia on
Q: Do we need to hire an attorney to stop child support for adult children? This is not back pay.

My fiancé was ordered to pay child support through arbitration after a divorce (it was never thru child support services) and per what he reads...the paperwork sayshe is to pay until the1st year in college. I've never heard of this. If both kids are past the first year, how can he get the payments... Read more »

Kim Ebert
Kim Ebert answered on Feb 28, 2019

Right, consider consulting with an attorney to discuss the facts in depth and what options are available. An attorney is trained in interpreting the language of settlement agreements and knows procedure.

View More Answers

3 Answers | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Q: How do i file a 9-15-14? Can i file against attorney and/or client?
Kim Ebert
Kim Ebert answered on Feb 28, 2019

I agree. And this is a highly disfavored action. If you're already represented you need to talk with your attorney, and if you're not, you should certainly consider consulting with one before you travel down this path.

View More Answers

3 Answers | Asked in Child Custody, Education Law and Family Law for Georgia on
Q: Can I enroll in high school at 18 or without a legal guardian?

I'm moving out of my mom's house because of financial reasons. She can no longer support me while I finish high school so I'm moving in with family friends that can. They are in a different county but same state (Georgia) Can I (or they) legally enroll me in the high school there because my mom... Read more »

Kim Ebert
Kim Ebert answered on Feb 25, 2019

The best source for an answer to this question and 1 that may be able to assist in any possible transition would be an appropriate official at the school, such as a counselor or administrative employee. The completion of a high school education is an extremely important step to success in life.... Read more »

View More Answers

3 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Can you take on a Court that made an error by not filing the child visitation they ordered?

It was ordered by the court in front of both parties and their lawyers. That error caused the child's father to be able to move her several states away and cut off contact with the mother.

The Court ordered the visitation in the courtroom that day with everyone and their lawyers present... Read more »

Kim Ebert
Kim Ebert answered on Feb 25, 2019

I agree with what the other attorney. My suggestion is for the represented mother to contact her attorney and figure it out. This is not an error on the part of the Court.

View More Answers

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Hi my name is Heather and I am trying get my son back. My son don't live in the same state as I do. I don't what I can

I don't what I can do my son don't live in the same state as I do. I have ask when can I set a visit with him and she won't text back about visit I haven't seen my son since October of last year

Kim Ebert
Kim Ebert answered on Feb 25, 2019

It doesn't sound to me like you need to file for legitimization Heather as a mother has no standing to do so. My questions are more along the lines of why was your child removed from your custody? Were you married? Are you subject to a dependency action? Has your son lived with you in Georgia?... Read more »

View More Answers

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: I got married when i was still in high school and i was pregnant and i have never had a job. will i get alimony?

my husband wanted me to be a stay at home wife and he work, so he makes the money and im left with nothing, and when he does give me something, its like i have to keep the receipts to show where the money went and then he says its not my money its his, he worked for it. we fight everyday. he cant... Read more »

Kim Ebert
Kim Ebert answered on Feb 24, 2019

While it is possible, it is not probable under the facts as you've written. However, you should consult with an attorney for options and suggestions prior to deciding whether or not to divorce related to the financial issues you wrote about. You have a child and support and visitation will most... Read more »

View More Answers

2 Answers | Asked in Family Law for Georgia on
Q: I am looking for a lawyer that will assist me with a case against Family and children services regarding my 3 kids

I havent signed any guardianship or anything over to no one

Kim Ebert
Kim Ebert answered on Feb 21, 2019

There are many competent family law attorneys in the Atlanta and surrounding areas. You shouldn't have difficulties finding one. Good luck.

View More Answers

3 Answers | Asked in Domestic Violence and Family Law for Georgia on
Q: If i pleaded guilty to family violence but it was self defense helping family who was attacked by a weapon what to do
Kim Ebert
Kim Ebert answered on Feb 21, 2019

However, if by "guilty" you actually mean a family violence protective order, a family law attorney (especially one with a law enforcement and criminal defense background), will be able to discuss options with you. Time is of the essence though if you plan to challenge this and have legal grounds... Read more »

View More Answers

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.