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Questions Answered by Kim Ebert
4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Likelihood of 50% custody with no legitimization and never helped financially. only asked for 50% after child support

i have a 4 year old son. His father never legitimized him. I have never kept him from him. I filed child support through the state and a month and a half after i got served saying he now wants 50% custody with no child support. What is the likelihood of him actually getting 50%

Kim Ebert
Kim Ebert answered on Feb 21, 2019

With the skill of a good attorney, particularly one that knows the judges in the jurisdiction, and the presentation of the facts in a light most favorable to your situation, it is unlikely.

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2 Answers | Asked in Family Law and Real Estate Law for Georgia on
Q: My step dad's mother died, and he is severely depressed. My mom needs to know her rights as his spouse?

In regards to real estate .

Kim Ebert
Kim Ebert answered on Feb 17, 2019

Your question is vague as to what real estate you're asking about.... his deceased mother's or real property your step-father and mother own jointly or separately. A competent attorney can answer your questions. Have all the pertinent facts readily available for the consultation.

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2 Answers | Asked in Family Law for Georgia on
Q: What happens when the non-custodial parent has two jobs but only reports one for a modification?

None .

Kim Ebert
Kim Ebert answered on Feb 17, 2019

A well trained attorney can examine, under oath, parties and witnesses, and also has discovery tools that will show the Court an accurate portrayal of the parties' income, etc. Also, if there are legal reasons to disturb a final judgment, time is of the essence to do so. Consult with an... Read more »

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I'm about to go to court to get legitimized for my son. Do I or should I file a putative registry form

Do I have to file this to have his last name changed and do I have to wait till I am legitimized to file

Kim Ebert
Kim Ebert answered on Feb 17, 2019

I generally advise fathers to register if they have concerns that they have fathered any children, other considerations including such as a desire to have a relationship with their offspring. Some men, for obvious financial reasons, intentionally choose not to register. A well drafted petition... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: Will anyone help a single mom in Forsyth county stop a wealthy ex husband and his family from violating a court order?

I have all the proof of parental alienation. CONSTANT custodial interference. interstate interference. neglecting to get him to school. threats, harrassing, damage to property, domestic violence, stalking, threatening me if i call govt officials to check on our son. They have money, does that buy... Read more »

Kim Ebert
Kim Ebert answered on Feb 15, 2019

Many attorneys, and I’m assuming local to you too, provide free consultations. Also, check with the local legal aid. Child custody situations can be stressful, but a competent local attorney can ease the stress. Good luck.

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2 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Q: A child was taken away from me a week ago my DHR. I passed my urine analysis yet her supposed father was granted custody

I just found out that a DNA test has been done and he is supposedly not her father Rumor Has It that I miss a court date so I forfeited my rights even though I was not served with paperwork 4 said court date. What charges can be filed against him and what do I need to do to get my child back

Kim Ebert
Kim Ebert answered on Feb 15, 2019

A parent generally does not lose parental rights without a trial, which would mean the case was well along procedurally. If there was a trial set and you failed to appear, the clock is ticking fast on your time to challenge the result. I agree with the other attorney. You need to consult with... Read more »

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4 Answers | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Georgia on
Q: How do you file for more time to retain a lawyer if your spouse has filed for divorce? Judge gave 2 wks. I work FT!HELP

It was a Rule Nisi but the judge wouldn't hear it until mediation and only gave 2 weeks. Husband filed right before Thanksgiving and served ammended papers seeking Rule Nisi right before Christmas. He's trying for custody. Been so busy at work and have had to take time off to do all I... Read more »

Kim Ebert
Kim Ebert answered on Feb 2, 2019

Contact a competent attorney today and let your attorney deal with the Court forevermore ;)

Otherwise, contact the Court. You’ll find yhe sooner you retain an attorney the sooner the plane has a pilot.

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3 Answers | Asked in Family Law for Georgia on
Q: My son is 16, he has a job and I have every other weekend visits with him. He just got a job and his work schedule

Falls on the same days as my work schedule I can’t take him to work and be at my work on time we both work in two different county’s. Ex says it’s my responsibility to take him to work because his work schedule falls on my weekend visits. But our paper work doesn’t say anything about taking... Read more »

Kim Ebert
Kim Ebert answered on Jan 31, 2019

What she said, no.

If he's like a typical 16 year old keeping his attention, especially with alternating weekend visitation is particularly hard. He's not going to be this young forever. This isn't legal advice, but..... every second you can spend with him, like in the...
Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: How would I go about getting a non biological father off the birth certificate and have my son's last name changed

The actual biological father and I are waiting to get his last name changed to his and have the biological fathers name on the birth certificate

Kim Ebert
Kim Ebert answered on Jan 30, 2019

Was the child born into an intact marriage? In other words, were/are you married to the "nonbiological" father at the time your son was born? You should consult with an attorney for options.

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3 Answers | Asked in Family Law for Georgia on
Q: Can a woman take another woman to court for sleeping with her husband even if she did not know
Kim Ebert
Kim Ebert answered on Jan 30, 2019

No, but it's a good lesson in doing a background check and knowing the person you're about to intimate with. And as the other lawyers suggest, the "other woman" may be dragged into a nasty divorce .....

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My son is 15 and wants to live with me. Can he sign an ex parte if he is currently being treated for suicidal thoughts?

My ex is not his biological father and my son is in a very bad place being in his home and does not want to go back to his home because he is afraid everything will be the same.

Kim Ebert
Kim Ebert answered on Jan 30, 2019

Well, as an attorney noted this was posted from Louisiana. The good news is that as it appears the child's father - whether or not he's the biological father sounds to be irrelevant from what you've written - it sounds like the father and the child's primary residence is in... Read more »

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have a signed voluntary acknowledgment of legitimization, what steps do I take to file for visitation or custody?

My child is 10 and she, her mother and myself reside in Effingham County Georgia. The mother will rarely let my daughter visit me, so I would like court ordered visitation or joint custody. The mother is not a fit parent. She has been arrest every year since 2012, several DUIs (some with my child... Read more »

Kim Ebert
Kim Ebert answered on Jan 19, 2019

The law changed some time ago regarding the procedures related to legitimization of a child and your acknowledgment may fall within the old law. At any rate, your issue really is a procedural one. That's where a lawyer comes in. You can spin around trying to figure it out, or pay someone a... Read more »

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2 Answers | Asked in Family Law, Child Custody and Probate for Georgia on
Q: How do I go about making my incorrigible, unruly 15-year old, biological son a ward of the court in Gwinnett County?

He already attends alternative high school and has probation in another county.

Kim Ebert
Kim Ebert answered on Jan 19, 2019

You may consider filing a Petition to declare the child a delinquent. Talk to a competent attorney, many will charge a fee for a consult. But it is certainly worth it to have direction and options even if you don't retain the attorney.

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3 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Can I legally move out and take my biological daughter with me (keeping same state/school) if my wife wont move too?

We have been living with MIL who is controlling and under minds/ignores our parenting, as a result our daughter (prek age) gets confused and acts out a lot more if the parenting was left to her actual parents. My wife feels obligated to stay even though it stresses her/everyone out being here. We... Read more »

Kim Ebert
Kim Ebert answered on Jan 19, 2019

Uh, you should not just leave the State with a child, even if there's not a pending action. Jurisdiction lies where a child has lived for the past 6 months.... it's the "Home State" of the child with all the attendant legal ramifications.

Back to the facts of your case...
Read more »

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3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can my 16 year old sister come live with me if our step mom is mistreating her she cut her off from everyone in her life

She calls her names locks her out she has not been to a dentist or doctor in forever she is with my dad but he want stand up shes got him locked down as she is 30 and he is almost 60 and they keep having babies amd my sister is made to watch them all the time. She doesnt even have a room in their... Read more »

Kim Ebert
Kim Ebert answered on Jan 19, 2019

Your question involves a legal concept called, "standing." You don't have standing under the facts you've outlined to interfere with the father's parental rights. But if by "mistreating" you mean neglect, then perhaps you may talk to DFCS if the facts are... Read more »

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3 Answers | Asked in Family Law and Social Security for Georgia on
Q: I hav safe deposits boxes . i need some advice on them. Need pro bono u get paid wen i get paid but they hav a drill out

Nov 2018

Jan 2019 then etc etc not sure what to do could not make 2 of the drill outs

Kim Ebert
Kim Ebert answered on Jan 19, 2019

What???

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4 Answers | Asked in Family Law for Georgia on
Q: Does a father who is not legitimized have to cooperate with dfcs?

The mother is involved in a safety plan but the father does not plan on getting the child legitimized.

Kim Ebert
Kim Ebert answered on Jan 19, 2019

No. A person doesn't have to "cooperate" with anyone or any agency. Whether you should, if it's in the best interests of the child or in the defendant's best interests are other questions.

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4 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Georgia on
Q: Can stepparent adopt my child if I am not legitimized and haven't paid child support but have maintained regular contact

I have petitioned for legitimation around the time that adoption petition was served. My child is 10 years old and I was never married to custodial parent. Please advise.

Kim Ebert
Kim Ebert answered on Jan 16, 2019

I agree with the other attorneys. The Court's going to want to know a lot about this difficult situation and you walking into the Courtroom and skipping down "babble street" is an almost certain trip to no-go.

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3 Answers | Asked in Family Law, Child Custody, Juvenile Law and Probate for Georgia on
Q: do I have to comply with dfacs in Georgia about visitation tho there's been no court order safety plan or signing of any

dfcs came to my house two weeks ago with false allegations of drug use and cleanliness.the investigator had already been to my son School said she saw their concerns with him but I refused the drug test.prior to all of this happening, I had placed my son with his paternal grandmother until I could... Read more »

Kim Ebert
Kim Ebert answered on Jan 6, 2019

Are you the mother? Whatever you do, don't take legal advice from a Caseworker. You need to consult with an attorney before this gets out of hand.

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3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I dont got that kind of money i still havent been able to het legetimized
Kim Ebert
Kim Ebert answered on Jan 6, 2019

You don't necessarily have to hire an attorney to represent you. Some attorneys charge a consult fee for in depth consultations that provide guidance and options.

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