Get free answers to your legal questions from lawyers in your area.
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
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
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
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.
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
answered on May 12, 2018
Georgia does not recognize holographic wills. Consult with a probate or estates attorney right away.
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.
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
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
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
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
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.
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.
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.
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
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
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
This is child support from over 13 years ago
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
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
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.
The mother and father were unwed when both children were born. The daughter was left with maternal grandmother and son left with father.
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
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.
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
I just want to see my grand child my sons ex wife refuses to allow me to her
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.
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
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
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
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
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.
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
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
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
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.
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.