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Questions Answered by Kim Ebert
3 Answers | Asked in Family Law for Georgia on
Q: can my ex husbandwho lives in ny take me to court in ny even though i live in ga
Kim Ebert
Kim Ebert
answered on May 14, 2018

So I'm guessing this is either a contempt action or a modification action. You don't mention a child, so my best bet is contempt related to real property or retirement assets. If the location of the marital residence was in NY, then NY typically retains jurisdiction in a divorce for... View More

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2 Answers | Asked in Juvenile Law for Georgia on
Q: My wife has a 12 year old girl who is virtually out of control. Can i have her arrested for kicking holes in my walls

She says she will kill herself if she has to live with her dad. But I can't have her tearing up my house because she doesn't get her way

Kim Ebert
Kim Ebert
answered on May 13, 2018

You may of course contact the local law enforcement authorities for damage to private property and domestic violence if you are in fear of the girl. But before you take such a step, and so long as no one's in danger, may I suggest you contact an attorney for a consultation first, and... View More

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: If I want to sue defacs what do I have to do
Kim Ebert
Kim Ebert
answered on May 12, 2018

You have to establish standing and legal grounds before you can initiate any suit against any person or entity. Consult with an attorney.

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Mom passed leaving a hand written notarized will.

Mom paased leaving a hand written notorzied will. The deed is in Mom's name only. IN the will she states that the one child can live in the house if he can pay the property taxes. There are 4 children. It also states that everything belongs to everyone except a few pieces of furniture. 2 of... View More

Kim Ebert
Kim Ebert
answered on May 12, 2018

Georgia does not recognize holographic wills. Consult with a probate or estates attorney right away.

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3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Georgia on
Q: During divorce can a judge order husband to maintain visitation and support for non biological child born into marriage

Husband has claimed and supported the child emotionally and financially since birth knowing the possibility of the child not being his. He agrees to care for the child however/ whenever he chooses and maintain relationship after divorce but doesn't want to be forced to pay child support.

Kim Ebert
Kim Ebert
answered on May 12, 2018

For public policy reasons, any child born during a marriage is presumed to be the legal child of the Husband. To overcome such a presumption, the putative father would need to intervene of his own accord in the divorce. Consult with an attorney to ensure your interests are protected. Paying... View More

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4 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: DFACS gave me my kids from their mother we had a temporary stay order and the mom never came back to get them and we’ve

Had them for two years they are better I’m school and she doesn’t have a home for them and does drugs. How do I go about making her pay child support

Kim Ebert
Kim Ebert
answered on May 9, 2018

It may depend on what the "temporary stay" order says and what the posture is in that dependency action. It may be more expedient and cheaper, if there was an actual case (and it sounds like is), to move the the Dependency Court and then proceed for child support. You may want to... View More

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1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: My man is charged with battery assault towards a pregnant woman and cruelty to children in the 3rd degree.

Its two false information on a police report that im pregnant and was stab in my abdomen. Im not pregnant and it was the side of my lower pelvic Nothing serious a rip of the skin basically no stitches or no surgery. I gave his attorney the medical records to show proof that those are 2 false... View More

Kim Ebert
Kim Ebert
answered on Apr 24, 2018

If pregnant, at the very least a misdemeanor of high and aggravated nature. Even if not pregnant, the allegation includes stabbing, which can still aggravate the battery. Consult with an attorney that will file a motion and set a bond hearing.

2 Answers | Asked in Family Law and Civil Litigation for Georgia on
Q: Please explain dismissal with prejudice. Are there any loopholes, ever?
Kim Ebert
Kim Ebert
answered on Apr 24, 2018

You must file an appeal; time is of the essence. If 30 days has not passed since you were served with the Court's order - at least file the notice of appeal immediately with or without an attorney. Then consult with a appellate attorney right away.

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2 Answers | Asked in Family Law for Georgia on
Q: Can a family member sue a 15 year old, for punching their child. They're cousins.

This 15yo punched their cousin in the face (jaw) for talking a lot of crap about them. Can the victims mom sue the 15yo, even though they're related, and she's a minor.

Kim Ebert
Kim Ebert
answered on Apr 24, 2018

Yes. Whether it is advisable or not is a whole different matter. Obviously there may be a criminal case here. With that comes serious consequences to the alleged batterer: even a juvenile conviction can preclude a person from entering the military, police... many occupations require an... View More

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3 Answers | Asked in Family Law for Georgia on
Q: I was with an married woman and she became pregnant. There is a good chance the baby is mine and i wanna know if she is.

Ive asked her to go do a prenatal paternity test with me but she says no that she has already had a test done. I believe she sent me fake papers where she has had a test done. She is still married

Kim Ebert
Kim Ebert
answered on Apr 23, 2018

Under Georgia law very strong proof is necessary to overcome the presumption that the husband is not the child's father. It's not easy but it can be done. I am speaking from a purely objective view, so bear with me, but remember, if paternity is established, you will incur a legal duty... View More

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2 Answers | Asked in Appeals / Appellate Law, Family Law and Child Support for Georgia on
Q: Can you appeal an order from the judge ruling that I owe more money than I do and have proof and pay within 6mths?

This is child support from over 13 years ago

Kim Ebert
Kim Ebert
answered on Apr 23, 2018

If you're speaking of the 13 year old order, then under very limited circumstances, such as if the Court lacked subject-matter jurisdiction. If you're talking about a contempt action or Department of Child Support Services Administrative Order or Court Order, time is of the essence -... View More

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3 Answers | Asked in Family Law for Georgia on
Q: Can a third party challenge my paternity?

Can the man my wife had an affair with challenge my paternity and legitimate our child?

My wife had a short term affair and a child was born during that time. We have never been legally separated or even spoke about divorce. We remain married and regardless of what biology might say, I am... View More

Kim Ebert
Kim Ebert
answered on Apr 23, 2018

The presumption is that the husband is the legal father of the child (in this case you). Overcoming this presumption is extremely difficult; but possible. Considering your desire to remain the father, you should consult with an attorney quickly.

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2 Answers | Asked in Family Law for Georgia on
Q: If a mother leaves the children for 5 years and doesnt visit the children does she loose rights?

The mother and father were unwed when both children were born. The daughter was left with maternal grandmother and son left with father.

Kim Ebert
Kim Ebert
answered on Apr 23, 2018

My first question of a potential client is why was the daughter left with a grandparent? That's not a negative necessarily, especially if the child is in a loving, stable environment. But it will need to be answered. A parent may be charged with abandonment, under certain facts. Certainly... View More

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Fiance is in fed prison. He was on c/s yrs ago. Son is 21+. How do we find out how much he owes & how to pay?

He's been in Fed since 2009. DL was suspended bcz of c/s. He's coming home soon & we want to get all this straightened out.

Kim Ebert
Kim Ebert
answered on Apr 22, 2018

Contact the Georgia Department of Child Support Enforcement. They should be able to give you an answer. You may consider consulting with an attorney to expedite the matter and ensure things are done properly. A competent attorney can make a big difference in the arrearage amount and the monthly... View More

2 Answers | Asked in Family Law for Georgia on
Q: How do I join an on going custody case in Dawson County Georgia to exercise my Grand Pardnt rights ?

I just want to see my grand child my sons ex wife refuses to allow me to her

Kim Ebert
Kim Ebert
answered on Apr 21, 2018

There are limited circumstances where a grandparent may ask the Court for visitation rights. One is when a biological parent is deceased. I am unsure of the facts in your case, but you may want to consult with a competent family law attorney for an opinion as to your options.

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1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: My daughters father has 1 charge battery on one occasion and 5 charges on domestic violence on other what will happen

On second domestic he’s charged 5 counts now has warrants but he has a lawyer what will happen I don’t want to testify against him I just want him to get help so he can support his child.Charges are battery, criminal damage to property, child cruelty 3 rd degree, false imprisonment, hindering... View More

Kim Ebert
Kim Ebert
answered on Apr 20, 2018

I'm really confused as to whom your daughter's father is alleged to have battered and what child is the alleged victim of cruelty. Is his criminal defense attorney a public defender? At any rate, you should consult with a competent attorney that has experience and expertise in Domestic... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Dad's Will - Probating Question

My dad passed away a week ago. The wife of 4 years, immediately quit talking to me. When I started asking this week for the will, she messaged me back "Don't ever contact me again." I contacted the lawyer & obtained a copy of the will which leaves me and the wife executors of the... View More

Kim Ebert
Kim Ebert
answered on Apr 20, 2018

Probate of a Will is different than acting as executor although an executor usually submits the Will to probate and performs the duties required by law. Georgia law provides that persons acting under the color of a POA have a fiduciary duty to the person whom executed the POA. Your situation is... View More

3 Answers | Asked in Family Law and Civil Litigation for Georgia on
Q: What are the REALISTIC (if any) viable punishments for being a couple of days late with discovery documents?
Kim Ebert
Kim Ebert
answered on Apr 7, 2018

Depends on what the documents are and if a hearing is scheduled. Sanctions can be severe if related to child support. Sanctions will be severe if there was a prior Order compelling discovery. A competent attorney will be able to assist your compliance with all discovery and mitigate sanctions.

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2 Answers | Asked in Adoption, Family Law and Child Support for Georgia on
Q: No cs in over 3yrs. Do i need consent for my fiancee to adopt my son? After we are married of course?

Ex husband has not had contact in 5yrs and hasn't paid child support in over 3yrs. My son is 6yrs old. My fiancee wants to adopt. What would be the process after we are married? My exhusband was very abusive towards me while we were married and while i was pregnant. When we divorced he signed... View More

Kim Ebert
Kim Ebert
answered on Mar 20, 2018

Your options in this matter are complex and not easily resolved. A lawyer that approaches your ex-husband with courtesy, and sound knowledge of the law in this area, may obtain the outcome you seek. It is often better for someone else to speak with an ex, especially one where there has been such... View More

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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: My son has a 14 month old baby who has been placed with the mother's STEP SISTER. Why WON'T the court place her with us?

We are the paternal grandparents, and filed a petition over a year ago to get custody if her. We were approved with everything DFCS required of us. Now my son gets visitation, overnight visits and another day visit during each week, but if foster family wants to take baby out of town on the... View More

Kim Ebert
Kim Ebert
answered on Feb 27, 2018

Consider consulting with an attorney familiar with dependency actions and some sort of public interest experience (such as Assistant Public Defender in a Unified Court and Legal Aid). Placement can be changed or modified.

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