Questions Answered by Kim Ebert

Q: Divorce decree says kids can talk to the other parent through age appropriate devices. Is this appropriate for 4 yr old

3 Answers | Asked in Child Custody, Child Support, Estate Planning and Family Law for Georgia on
Answered on Apr 14, 2019
Kim Ebert's answer
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 decree (and settlement agreement if there is one).

~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.

Q: I have an ongoing child custody issue with a non biological father who is listed on the birth certificate.

3 Answers | Asked in Child Custody and Family Law for Georgia on
Answered on Mar 31, 2019
Kim Ebert's answer
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 really HIGH bar to terminate a parent's rights. Whether or not a man is the biological father or not has nothing to do with whether or not he's the legal father. You may consider consulting with an...

Q: If someone has temporary guardianship of my daughter what are my parental rights

2 Answers | Asked in Family Law for Georgia on
Answered on Mar 31, 2019
Kim Ebert's answer
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 situation such that an attorney may provide you with viable options.

~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.

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

2 Answers | Asked in Family Law for Georgia on
Answered on Mar 31, 2019
Kim Ebert's answer
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 excepting. However, if your son's choice is not in his best interests, the court may deny the petition. You may consider consulting with an attorney to discuss your options... and you should.

~...

Q: Prenup to protect income from previous marriage child support obligations -ASUME

3 Answers | Asked in Family Law for Georgia on
Answered on Mar 12, 2019
Kim Ebert's answer
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 be pleasantly surprised. A pre-nup is a great idea for a whole host of reasons. That too is worth talking about with a professional.

~ Kim Ebert, Attorney at Law, (678) 818-6543, serving...

Q: After judge Sings off on a required to complete Parenting classes, what is the time frame given to complete it?

2 Answers | Asked in Family Law for Georgia on
Answered on Mar 11, 2019
Kim Ebert's answer
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 "final judgment" or "divorce decree," then you should discuss your post-judgment options. ~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.

Q: As part of a deal for my international custody case the opposing party is wanting temporary custody given to them.

2 Answers | Asked in Child Custody, Family Law and International Law for Georgia on
Answered on Mar 11, 2019
Kim Ebert's answer
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.

Q: My granddaughter is in foster in Georgia she was moved into Florida to be fostered by my mother can she do guardenship?

2 Answers | Asked in Family Law for Georgia on
Answered on Mar 2, 2019
Kim Ebert's answer
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 Florida is not the homestate of the child. The caveat with this is where is the father? There are also some important financial support issues to consider regarding State funding too. If you wish to...

Q: How to enforce court order for visits in GA from NE jurisdiction

4 Answers | Asked in Family Law for Georgia on
Answered on Mar 2, 2019
Kim Ebert's answer
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 State.

~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.

Q: So we're other than legal aide can we find a pro Bono lawyer for family law around Valdosta Georgia?

3 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Feb 28, 2019
Kim Ebert's answer
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.

Q: Can I sue my ex for overpayment in CS?

3 Answers | Asked in Family Law and Child Support for Georgia on
Answered on Feb 28, 2019
Kim Ebert's answer
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.

Q: I'm the non-custodial parent and my child is very disrespectful due to slander from the custodial parent.

4 Answers | Asked in Family Law for Georgia on
Answered on Feb 28, 2019
Kim Ebert's answer
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, such an action will foreclose the child's future prospects as an adult to enter the military, police, teaching and many other careers).

You cannot relinquish your parental rights unless you...

Q: Do we need to hire an attorney to stop child support for adult children? This is not back pay.

3 Answers | Asked in Child Support and Family Law for Georgia on
Answered on Feb 28, 2019
Kim Ebert's answer
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.

Q: How do i file a 9-15-14? Can i file against attorney and/or client?

3 Answers | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Answered on Feb 28, 2019
Kim Ebert's answer
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.

Q: Can I enroll in high school at 18 or without a legal guardian?

3 Answers | Asked in Child Custody, Education Law and Family Law for Georgia on
Answered on Feb 25, 2019
Kim Ebert's answer
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. It is in everyone’s best interest, and yours above all, that you complete yours. Good luck.

Q: Can you take on a Court that made an error by not filing the child visitation they ordered?

3 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Answered on Feb 25, 2019
Kim Ebert's answer
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.

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

3 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Feb 25, 2019
Kim Ebert's answer
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?

You may want to consult with an attorney and some attorneys are licensed in multiple states or know attorneys in other jurisdictions. Even if your child lives in another state, consider...

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?

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Answered on Feb 24, 2019
Kim Ebert's answer
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 definitely be an issue in a divorce. Rehabilitative alimony may be a possibility too. Again, consult with an attorney BEFORE filing.

Q: I am looking for a lawyer that will assist me with a case against Family and children services regarding my 3 kids

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 21, 2019
Kim Ebert's answer
There are many competent family law attorneys in the Atlanta and surrounding areas. You shouldn't have difficulties finding one. Good luck.

Q: If i pleaded guilty to family violence but it was self defense helping family who was attacked by a weapon what to do

3 Answers | Asked in Domestic Violence and Family Law for Georgia on
Answered on Feb 21, 2019
Kim Ebert's answer
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 to do so.

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