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Questions Answered by Ellaretha Coleman
3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: State has temp custody I need my biological mother removed where she has no rights since she is a severe alcoholic

Not only is she a drunk but she talks bad about me in front of my children but dfcs is considering giving them to her anyways just because she is my biological mother! Help I have no idea how to remove her legally from my life

Ellaretha Coleman
Ellaretha Coleman answered on Jan 24, 2020

You may be able to object to the placement of your children with your mother. You should consult with an attorney to discuss your best options.

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3 Answers | Asked in Divorce for Georgia on
Q: Our friend bought my husband a house during our marriage, can i get the property when i file for divorce for adultery.

My husband friend has a notarized letter saying that if my husband cannot make payments then the house will be return to the friend. Also the house is in my husband name. I did not sign any papers.

Ellaretha Coleman
Ellaretha Coleman answered on Jan 24, 2020

There are a number of factors that would need to be considered to determine whether the property is a marital asset. Some of these factors are whose name the home is titled in, whether this was a home purchased during the marriage or a gift from the friend, whether you have contributed to the... Read more »

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I'm caring for my nephew at the moment (for the last 3 years my brother has)they split up when my nephew was 4 now hes 8

What RIGHTS do I have as the AUNT? My brother/his ex girlfriend have no legal court documents for custody over my nephew. Nephew just now been living with his dad (my brother) for the last 3 years while his mom (ex GF) gets "on her feet". But my brother had to leave for a couple of months out of... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 24, 2020

You unfortunately have no legal rights to the child. The only way to obtain legal rights is to obtain guardianship or custody through a court order.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Filed for legitimation custody/visitation. What do I do now?

I've filed, mother has absconded with our children and moved out of state. I knew where she would be, her mothers house, and was able to get a good serve. I had an attorney help with the paperwork. I know Ga has jurisdiction due to UCCJEA. They havent even been gone 3 months, lived here 2.5 yrs... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 22, 2020

You need an attorney. Even if you have the evidence of her mental health conditions, if you do not know the rules of evidence to get that information before a judge, the judge can not consider it. You may also want to request a guardian ad litem to investigate the living conditions of mom's... Read more »

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3 Answers | Asked in Family Law, Adoption and Child Custody for Georgia on
Q: If i have a dfacs case in they gave me a plan to work in i didn't.than i finally wanted to work my plan. In they are try

To get my kids adopted how can I prevent that.

Ellaretha Coleman
Ellaretha Coleman answered on Jan 22, 2020

You need to first begin working the plan and attempt to get as much done in the case plan as soon as possible. You also need to immediately contact an attorney to discuss your options for fighting the termination of your parental rights. This is a serious matter and should be treated as such. Once... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: So I got a divorce and he was ordered to pay my legal fees, which he isnt, now my lawyer is trying to make me pay

What do I do? The judge ordered him to pay an exact amount of my attorney fees and I paid the rest. Now he isnt paying and my attorney is trying to make me pay saying that he isnt so now I have to. Even though he signed an agreement and so did a judge. The case has been closed for over a month.

Ellaretha Coleman
Ellaretha Coleman answered on Jan 24, 2020

You can file a contempt against your former spouse for his failure to pay. However, if you have a contractual agreement to pay your attorneys fees to your lawyer, the lawyer can pursue payment from either you or your former spouse. The order only acts as a reimbursement, it does not alleviate you... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: I had a c/s order that was supposedly drop by the mother,with an verbal agreement to pay X amount and child sitting

I decided to move on relationships wise and now all of a sudden come to find out,she never told c/s to drop my case, and now it looks as if I haven’t been paying anything or keeping and watching my child,

HELP ANYONE PLEASE!!

Ellaretha Coleman
Ellaretha Coleman answered on Jan 22, 2020

Unfortunately, even had she closed the case, it would not dismiss the order. The custodial parent could still re-open the case and initiate collection actions by DHS. You need to gather any receipt of payments made to the custodial parent (hopefully these were made by check or money order and not... Read more »

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Contempt of court( child support $

I have a court order issued in Atlanta ga. Ncp moved years ago to Florida. Is not paying child support. He is in arrears $50,000. I would like to file contempt. Do I file in Atlanta were I live and order was made? Or do I file in Florida, were he lives? How would I get the best results? I

Ellaretha Coleman
Ellaretha Coleman answered on Jan 21, 2020

You can file here in Atlanta since that is where the order originated.

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1 Answer | Asked in Civil Litigation for Georgia on
Q: Is there a delay tactic that lawyers use DURING a hearing, that is equivalent to a filibuster in the senate?

FYI, I’m not an attorney, so forgive my ignorance. Also, I am not referring to a lawyer asking for a continuance or an extension of time. I have a feeling opposing counsel is deliberately talking in circles for hours on end and running up the clock in order to stall. The hearing has been... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 19, 2020

There is not a procedure similar to a filibuster in litigation. An attorney is entitled to a complete and thorough opportunity to examine and cross-examine witnesses. However, this examination should be limited to information that is relevant to the case at hand.

3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Dec 16 and the jodge said to his attorney that i will sent her a letter with a list with belon.

I sent the letter she got it on Dec 31 and i havent get any answer yet.

Ellaretha Coleman
Ellaretha Coleman answered on Jan 19, 2020

Your question is unclear from your post.

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2 Answers | Asked in Libel & Slander, Family Law, Civil Rights and Juvenile Law for Georgia on
Q: If I can prove perjury from the report by a CPS worker that got my children taken away will the whole case be dropped?

I have evidence that the Child protective services case worker who made the report after having my children removed from my custody lied in the report to justify her actions. Not only do I have documentation proving her lies, but I also have eye whitnesses to the entire incident when she took my... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 17, 2020

If you can demonstrate that based on the cases workers lies, the children would not have otherwise been deemed dependent, you may be able to get your case dismissed. You need to consult with an attorney to discuss your allegations and options moving forward. An attorney should be appointed to you... Read more »

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: Can I put cameras inside my house covering the dining room and living room after my wife has asked for a divorce?

We are both on the lease, she has told me she wants me to move out within 60 days. I know she is seeing a coworker but don't have photo/video evidence. I understand bedrooms and bathrooms are off limits. Are common areas open for surveillance without the other family members being aware?

Ellaretha Coleman
Ellaretha Coleman answered on Jan 15, 2020

If there is no present divorce action filed, there is nothing prohibiting you from putting cameras in the home that you also reside in.

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3 Answers | Asked in Family Law for Georgia on
Q: Can a lawyer help me gain a passport for travel for work if I owe back child support ?
Ellaretha Coleman
Ellaretha Coleman answered on Jan 14, 2020

If you legitimately owe more than $2500 in child support arrears, you will not likely be able to obtain a passport. These type of suspensions are handled directly through the Department of State and their guidelines are very strict.

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3 Answers | Asked in Family Law for Georgia on
Q: My wife goes to church with the judge the preacher I believe is the father if my twins. What can I do

The preacher has twins with his wife that look Just like her twins and I think the judge and CRO is altering the DNA test. I really need help.

I am in jasper Alabama

Ellaretha Coleman
Ellaretha Coleman answered on Jan 14, 2020

If all parties reside in Alabama, you will need an Alabama attorney. You should seek legal counsel to obtain an independent dna test if you believe that the children are not your biological children.

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How can I get back full custody of my son?

My son went to spend a little time with his dad do to hardship that I was going through . Meanwhile I missed legitimation court. How to get back full custody of my son

Ellaretha Coleman
Ellaretha Coleman answered on Jan 14, 2020

If a final order of custody was granted to the father, you will have to show that there has been a material change in circumstances since the entry of that order, which would warrant a change of custody back to you.

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2 Answers | Asked in Divorce for Georgia on
Q: Divorce laws for someone who is incarcerated

I need to know what the laws are for someone that is in prison and their wife is wanting to file for divorce. What can he do to keep from losing what him and his wife has built and where can I go online to look up what his rights are to be able to send to him?

Ellaretha Coleman
Ellaretha Coleman answered on Jan 13, 2020

O.C.G.A. 19-5-1 through O.C.G.A. 19-5-17 are the statutes that govern divorce in Georgia. As far as what he can do to protect his rights, that will depend on the specific facts of the case. The judge will look at the specific facts of the marriage, the conduct of the parties during the marriage,... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: wat rights does an incarcerated mother have as far as her child in foster care ?

Went to prison 9/18 got tpo for 8/21 son 10yrs in faster care he write she em writes they r in contact how can she keep him from being adopted out ?

Ellaretha Coleman
Ellaretha Coleman answered on Jan 12, 2020

It is going to be very difficult for her to contest a dependency action while incarcerated. Unfortunately, if she is not released prior to a termination of her parental rights, she will not have a defense to the dependency. If she has a relative or non-relative who are willing and qualified to take... Read more »

3 Answers | Asked in Divorce for Georgia on
Q: Where would I find information for divorce laws for a federal prisoner?

Granfather is in a federal prison and his wife is filing for divorce. What info can I find so he doesnt lose everything when he gets out?

Ellaretha Coleman
Ellaretha Coleman answered on Jan 12, 2020

What information exactly are you looking for? It will be extremely difficult for him to fight the issues in the divorce without legal counsel while he is incarcerated.

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2 Answers | Asked in Family Law for Georgia on
Q: Can I change my child's name? Bio father pays support but is not legitimized
Ellaretha Coleman
Ellaretha Coleman answered on Jan 12, 2020

The biological father will be entitled to notice and can object to the name change if he is paying support.

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2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: What would be the process of grandparents getting custody of teenage grandchildren if the mother fights it?

Father is dead, and they want to be with his parents. Mother is abusive emotionally/mentally and in the past physically. DFCS was called a few years ago, but she got off with a warning. They are 17 and 15, both girls. The oldest turns 18 in May. I understand that the first thing would be to prove... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 12, 2020

There are a number of avenues that you can take to pursue custody. Two of which are a private dependency action or a third party custody action. You should contact a family law firm to discuss which avenue would be best for your specific circumstances.

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