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Questions Answered by Ellaretha Coleman
3 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Can i filled for divorce with a open Paternity/Legitimation case open?
Ellaretha Coleman
Ellaretha Coleman answered on Sep 18, 2020

Having a separate paternity/legitimation case open will not prohibit you from filing for divorce.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My "alleged child" and her mother are in PR and she is refusing me a DNA test and rights to my child. HELP?

My ex-girlfriend and I are no longer together due to her aggressive behavior. 3 months before our "child" was born she fled back to Puerto Rico to give birth after she was arrested for domestic violence and fraud charges. She is now refusing to give me a DNA test or let me see the child... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Sep 14, 2020

Since she gave birth in Puerto Rico and is presently living in Puerto Rico, you will need to hire an attorney there to address your parental rights and request for a DNA test.

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: If I'm in a criminal case with Defendant why is it allowed that he can bring a civil case against me. He burnt down my

Hey burnt down my house with his children in the home and took me to court for full custody of children how is this Even allowed

Ellaretha Coleman
Ellaretha Coleman answered on Sep 9, 2020

I am really sorry that you are going through this. Unfortunately, without reviewing the allegations of the lawsuit brought against you, we can not opine on the legitimacy of his claims.

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3 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a judge in Ga honor any agreement my soon to be ex and I agreed on and write it out on the divorce paper?

My soon to be ex agrees to pay more amount of child support than what Ga child support calculator indicates and longer terms (beyond age 18 of our children) in exchange of splitting his retirement pension. My question is can judge honor what we agreed on the child support terms and make it final on... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Sep 9, 2020

You need to consult with a lawyer to discuss the terms of your agreement and whether they are in line with Georgia law. If they are not, you could risk giving up rights that you would otherwise be entitled to.

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2 Answers | Asked in Family Law, Civil Rights and Landlord - Tenant for Georgia on
Q: I live in coweta ga I am 2 months behind on Ret due to job shutdown because of covid I got eviction and judgement can i

Be evicted on sept 9 since cdc banned eviction

Ellaretha Coleman
Ellaretha Coleman answered on Sep 9, 2020

I apologize that you are going through this tough time. There are certain guidelines that you have to meet in order to be protected by the CDC eviction ban. You should consult with a landlord tenant lawyer to determine what your rights may be under these circumstances.

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: My husband and I are still married but he lives in a rehab facility and is not helping financially with his kids.

Can I still receive child support in the state of GA from him?

Ellaretha Coleman
Ellaretha Coleman answered on Aug 23, 2020

You can apply for child support if he is not living in the home and supporting the children.

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: Can you sell your home if a roommate has a tpo against you and you own the home out right?
Ellaretha Coleman
Ellaretha Coleman answered on Aug 17, 2020

That will depend on whether the TPO gives the roommate possession of the home. Prior to attempting to sell the home, you should have the order reviewed by an attorney to determine your rights pursuant to the order.

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2 Answers | Asked in Divorce for Georgia on
Q: My husband is a contractor overseas and I'm trying to get a divorce. He will not acknowledge the divorce and I'm stuck.

I hired an attorney and they say they cannot serve him. What can I do?

Ellaretha Coleman
Ellaretha Coleman answered on Aug 16, 2020

Depending on the facts of your case, you may be eligible for a divorce by publication. Or you may just need to do more diligence on getting him served if you know his location. You should speak to an attorney to discuss your options.

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3 Answers | Asked in Child Support and Family Law for Georgia on
Q: Missed child support payment, and medical insurance not being paid

I have a court order in place for child support and medical insurance but the non custodial parent failed to pay child support in April and had failed to maintain medical insurance for 4yrs per the court order. He also has not paid child support for the last child since he was born 6yrs ago.

Ellaretha Coleman
Ellaretha Coleman answered on Aug 10, 2020

You can file a contempt action to enforce the order for support.

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4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can I ask for a modification of parental visitation if it isn't being used?

My ex husband does not use his time to see our daughter. He has not seen her in 2 months and before that 3 months. He is supposed to get her every other weekend. Is there something I can do to modify the visitation since he isn't using it? And he only calls once a month when our papers say he... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Aug 10, 2020

Yes, you can. Additionally, if he is not exercising visitation at all, you may be entitled to an upward modification of child support.

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3 Answers | Asked in Divorce for Georgia on
Q: My husband filed for divorce a month and claimed he didn’t know where I am at when in fact he does. What can I do?

We have been married ten years, was a stay at home mom while he served in the army he told me to leave and had. Told me that many times. When I left oct 2019 he helped me pack my car and ever month since then I have tried contacting him but he acts like I fell off the face of the earth. But come to... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Aug 6, 2020

You need to consult with an attorney to discuss filing a motion to set aside the divorce decree if it was obtained fraudulently.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have an summon to answer for Petition for Legitimation and custody for our 10 year old daughter. How do I answer?

We do not have an verbal or written agreement. Our daughter has live with him since December 2016. Reason being at the time I worked in a city that was close to his residency and her school was there also. So it was convenient for our daughter to leave with him considering he’s disabled and if... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jul 23, 2020

I agree with my colleague. If you want to fight his custody petition, you will need good legal counsel.

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2 Answers | Asked in Child Support for Georgia on
Q: MY CHILD SUPPORT HAS ENDED, MY WIFE SAYS I SHOULD HAVE PAID HER MORE EACH MONTH, CAN SHE SUE ME?

3 KIDS... I NEVER STOPPED PAYING THE SAME AMOUNT WHEN MY FIRST DAUGHTER TURNED 18, I CONTINUED TO PAY THE SAME AMOUNT AFTER MY SECOND TURNED 18, NO MY THIRD HAS TURNED 18, I AM THROUGH WITH CHILD SUPPORT. MY EX STATES I SHOULD HAVE BEEN PAYING MORE THEN ENTIRE TIME, CAN SHE SUE ME?

Ellaretha Coleman
Ellaretha Coleman answered on Jul 19, 2020

No. If she thought she was entitled to more, she would have had to bring the modification of child support action prior to the children reaching the age of 18.

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2 Answers | Asked in Child Custody for Georgia on
Q: What is the one(maybe two)thing you should look for when deciding on a lawyer with regards to a child custody case?
Ellaretha Coleman
Ellaretha Coleman answered on Jul 17, 2020

Experience and strong advocacy. Custody cases are complicated. You want someone who has handled your type of case on numerous occasions and someone who will really go to bat for you. You're fighting for the most important thing to you, your children. That should never be taken lightly.

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3 Answers | Asked in Family Law for Georgia on
Q: I have a granddaughter that lives in Conyers Ga. I live in Marysville, Ohio,I am Not allowed to talk to her on the

phone or even come down to see her. I need to know if I have to file in Ga and Ohio and if so what forms do I need?

Ellaretha Coleman
Ellaretha Coleman answered on Jul 16, 2020

Any case filed would need to be filed in Georgia.

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3 Answers | Asked in Child Support for Georgia on
Q: What can I do legally when the child support enforcement fails to in force my out of state order?

Child support In SC states beyond suspending the NCP license that’s all their doing in COVID 19. The director of child support in ga states she will not put a lien on his accounts, they only look at them. The arrears is almost 10,000. The NCP is an Over the Road truck driver. Also this is a... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jul 8, 2020

You can file a private contempt action to enforce the order. Through that action, you can also seek an incarceration order.

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1 Answer | Asked in Child Custody for Georgia on
Q: What if both maternal and paternal grandparents are not able to Care for my child in the event of my absemce

Can I give poa to a close friend?

Ellaretha Coleman
Ellaretha Coleman answered on Jun 12, 2020

You are not restricted from giving a power of attorney to only your children's grandparents.

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Wife left 2 years ago. I have the kids she has made no contact with me or the children I need a divorce but how

I went to jail in 2018 on a violation of probation warrant. For non report. My wife dropped my kids off at my brothers and took off. She returned I think 2 times to visit until my brother realized she was abusing drugs and the court appointed him and his wife guardianship. I was released March of... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jun 12, 2020

If you do not know your wife’s whereabouts, you can file for a divorce by publication.

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