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Questions Answered by Ellaretha Coleman
4 Answers | Asked in Family Law for Georgia on
Q: I pay $950 in childsupport for my daughter every month, her mom made her get a job and our daughter has to use her own

Working Money to buy everything for herself. Ex said since our daughter has a job she doesn’t need to use the childsupport money for her. can I go back to court and modify childsupport since my daughter is working and buying her own things?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 14, 2019

Your child's income will not be considered in determining your child support obligation.

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2 Answers | Asked in Family Law for Georgia on
Q: Im worried and no safe let the baby daddy visit or chilling around newborn because he got 3rd cruelty to children
Ellaretha Coleman
Ellaretha Coleman answered on Nov 14, 2019

If the child has not been legitimized, the father has no legal rights to visitation in the state of Georgia.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I turn in evidence for a contempt motion? How do I add to a motion for contempt?
Ellaretha Coleman
Ellaretha Coleman answered on Nov 14, 2019

You need to file a Petition for Citation of Contempt or a Motion for Contempt. Have the petition or motion served upon the other party and set it for a hearing. During your hearing, you will have the opportunity to present evidence of the contempt that you are alleging.

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2 Answers | Asked in Family Law for Georgia on
Q: I have temporary guardianship over my grandson can his mother just come and take him away and what can be done if she do
Ellaretha Coleman
Ellaretha Coleman answered on Nov 14, 2019

The mother can terminate the guardianship. You should consult with an attorney to discuss your options based on the specific circumstances of your case.

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3 Answers | Asked in Family Law for Georgia on
Q: If I have a baby at 17 in Georgia, am I now legally emancipated? I know in some states I am but I'm not sure about here.

I have a baby in Feb and turn 18 in July. Me and my grandparent's don't get along and the environment of us argueing isn't good for my baby. They have no problem with me moving out, I just need to know if I can legally without an emancipation trial because nobody had time for that.

Ellaretha Coleman
Ellaretha Coleman answered on Nov 7, 2019

Have the child alone, does not emancipate you. However, your grandparents, if they are your legal guardians, can grant permission for you to move out without the court's involvement.

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3 Answers | Asked in Family Law for Georgia on
Q: What are the steps I can take to stay out of contempt of court when I have no money to pay for Lawyer filings?

I lost my job and can't pay $3K / mo. Alimony. The divorce was filed and judged w Dekalb County Superior court, GA. I now live in Portsmouth VA the X-wife live in Dekalb County.

How do I petition the court after a major reduction in income?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 7, 2019

If the alimony is modifiable, you will need to file a petition to modify the alimony obligation. You will need to show that you have had a material change in circumstances with your income and show where you have tried to replace the lost income.

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: What law do I state for my motion to reschedule a hearing date in a child support hearing due to job training
Ellaretha Coleman
Ellaretha Coleman answered on Oct 28, 2019

You will need to cite the reason for the request. All requests for continuances are up to the discretion of the judge.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Child custody & divorce. Nightmare of years. He left myself & daughter. Then started court battle. Drained resources.

He was abusive. Now I believe he is abusive or neglectful to our daughter. She reports threats towards me. He litigates. Wins bc his lawyer is fraudulent. How do I prove these things? Is he allowed to get a final decree without disclosing his financial information? Does he have to pay to support... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Oct 24, 2019

I agree with my colleague. We would need more information to answer your questions. You definitely need to consult with an experienced attorney to discuss your options.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: I'm paying child support for my 5 kids but the mother doesn't have any of them. I have 2 kids how can I stop the orde

The mother is receiving the money but isnt giving any money for my kids. What can I do to stop her from getting this money?

Ellaretha Coleman
Ellaretha Coleman answered on Oct 22, 2019

You will need to file a modification action to stop the existing order.

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2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: I am needing to help with filling custody and adoption paperwork for nephew and niece. We live in GA but case in TN.

Mother of children is in TN state rehab facility for women. Would like to patition the state of TN for legal custody and adoption of nephew.

Ellaretha Coleman
Ellaretha Coleman answered on Oct 21, 2019

If the case is pending in TN, you will need a TN licensed attorney.

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3 Answers | Asked in Family Law for Georgia on
Q: Does CPS have the right to come in and take my child because I i failed a hair follicle drug test
Ellaretha Coleman
Ellaretha Coleman answered on Oct 21, 2019

Possibly. It would depend on the specific facts of your case. If you have concerns with an investigation initiated by the Department of Children and Family Services, you should immediately consult with an attorney to determine your rights and options.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Percentage of attorneys fees in ga can a judge award
Ellaretha Coleman
Ellaretha Coleman answered on Oct 17, 2019

There is no set amount that a judge can order in attorney's fees. The amount will be dependent on the specific facts of each case.

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: What is the percentage in ga. Can a judge award in attorney's fees?
Ellaretha Coleman
Ellaretha Coleman answered on Oct 17, 2019

There is no set amount that a judge can order in attorney's fees. The amount will be dependent on the specific facts of each case.

3 Answers | Asked in Family Law and Child Support for Georgia on
Q: If I want nothing to do with a child or the woman what do I do?
Ellaretha Coleman
Ellaretha Coleman answered on Oct 17, 2019

Even if you want no personal relationship with the child, you can still be ordered to pay child support for a child that is biologically yours.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My rights were terminated about 2 and half years ago! Is it possible that I can reinstate my parental rights
Ellaretha Coleman
Ellaretha Coleman answered on Oct 17, 2019

No, once your parental rights have been terminate, that order of termination is permanent.

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: If you've been ordered to provide medical insurance, can you put them on Medicaid?

My health plan through my employer doesn't pay until I've met the deductible, and all this out of pocket is breaking me financially.

Ellaretha Coleman
Ellaretha Coleman answered on Oct 15, 2019

If you qualify for medicaid and are able to obtain coverage in that manner, that would meet the requirement to provide health care coverage.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: is there a time limit to reopen a divorce case in GA ?
Ellaretha Coleman
Ellaretha Coleman answered on Oct 15, 2019

There is a three year statute of limitations to bring a motion to set aside a final divorce decree.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If I have temporary custody of 3 grandchildren and the 4 was just born and dfcs took custody of the 4th will i get him?

Dad is in a boot camp mom is unfit Dad wants him to live with me also

Ellaretha Coleman
Ellaretha Coleman answered on Oct 7, 2019

You will likely get custody of the 4th child as well provided you have the ability to care for a 4th child. DFCS will typically try to keep siblings together.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Enforcing order, Grprt have kids I'm suppose to get calls everyday, dont answer. They lied to dfcs to get custody of the

When they do answer they claim the kids dont wanna talk to me and are scared of me. I've never showed anything but love towards my children and when they left my possession they very much didnt want to go, it was hard. Within a week they had my kids saying hurtful things to me and being rude... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Oct 7, 2019

Given the circumstances, you should consult with an attorney to discuss your options on filing a contempt or modification of custody action.

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3 Answers | Asked in Child Support and Divorce for Georgia on
Q: im looking to get a divorce she has a son that i didnt adopt but changed his last name how would that affect me

we have been married since 12-30-17 got a house,cars aswell but main concern is her son since he is not mine if i have to pay child for her child that is already getting child support

Ellaretha Coleman
Ellaretha Coleman answered on Oct 7, 2019

You will not be ordered to pay child support for the child as you are not his legal or biological father.

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