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Questions Answered by Ellaretha Coleman

2 Answers | Asked in Child Custody and Family Law for Georgia on

Q: How can I get my daughter for the summer if my ex wife say no? I have joint custody with visitation.

I live in Dallas. I’m willing to go get her and take her home or buy a plane ticket. She live in Columbus GA. The court order is from Muscogee Co

Ellaretha Coleman answered on May 22, 2019

If your parenting plan provides that you have your daughter during the summer and your ex-wife is not permitting the visitation to occur, you can file a motion for contempt against her. However, if the parenting plan does not give you parenting time with the chid for the summer, you will need to... Read more »

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2 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Georgia on

Q: How do I get rights to my ex girlfriends child without her giving up her rights and I'm a female also

The child's father has never seen him nor wants anything to do with him also been in jail every since before he was born

Ellaretha Coleman answered on May 21, 2019

You are only going to be able to have a relationship with the child to the extent the mother allows you to. There is no avenue for you to obtain legal rights to the child absent a step-parent adoption.

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1 Answer | Asked in Family Law for Georgia on

Q: How am I been charge for battery if my daughter fought me and I had to defuse the problem by taken her to the floor

I had to defuse the situation by taking her to the floor of my home but I’m being charge with battery cause she bump her head on the floor an a knock became present

Ellaretha Coleman answered on May 20, 2019

The responding officers make the decision on who, if anyone, to charge when responding to a call. You need to speak to a criminal defense attorney regarding your defense of self defense and how it may affect your case now that you have been charged.

1 Answer | Asked in Estate Planning and Family Law for Georgia on

Q: How can I accept a settlement agreement and still file a response to a uncontested divorce petition?

My spouse filed false allegations in her uncontested divorce petition (citing “cruel treatment”), if I write/file a “response” rebutting each false allegation in the petition, can I also sign the settlement agreement that she included with the divorce petition?

Will everything be... Read more »

Ellaretha Coleman answered on May 20, 2019

You can still enter into a settlement agreement even if you dispute the allegations as raised in the complaint for divorce.

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on

Q: Georgia, divorce filed, no court order, mother takes son 18 mo, denies father any contact, 2weeks so far, is this legal?

Additionally, mother takes child on dates with the man she has and is having an affair with. Acts as a couple in front of child, hugging and kissing.

Ellaretha Coleman answered on May 19, 2019

You need to request a temporary hearing to put a temporary parenting plan in place.

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2 Answers | Asked in Family Law for Georgia on

Q: My son’s last day of high school is May 22nd but his graduation is on May 24th

I pay child support bi weekly until he graduates since his last day of school is May 22nd And his graduation is may 24th do we go by his actually graduation date or last day of school? Bc that would determine if I need to make the child support payment or not.

Ellaretha Coleman answered on May 20, 2019

You are still responsible for support for the month of May.

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2 Answers | Asked in Divorce for Georgia on

Q: how many month separate need for divorce in Georgia Mcdonough

Ellaretha Coleman answered on May 21, 2019

There is no required time period for separation prior to the entry of divorce. However, once the divorce is filed, it must be pending for at least 31 days prior to the entry of the final divorce decree.

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2 Answers | Asked in Divorce for Georgia on

Q: Divorce contempt definition of does not wish to sanction him at this time means?

Ellaretha Coleman answered on May 21, 2019

I agree with my colleague. Without seeing the entire order to determine context, we would not be able to answer this question.

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1 Answer | Asked in Child Support and Family Law for Georgia on

Q: Can a child support agreement outside of court be an argument against paying arrears?

My ex and I had lawyers agree on a lower child support payment 2 years ago. An agreement was drawn up but never signed by both parties, only I signed it. She never signed it and she did not submit it to the court. Now she is taking me to court for owing thousands in arrears. Am I going to be able... Read more »

Ellaretha Coleman answered on May 13, 2019

You should contact the attorney who drew up the agreement for you. This may be a circumstance where a motion to enforce settlement agreement may be appropriate. The agreement may also provide an argument against whether your failure to pay the previously order support amount is willful.

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on

Q: What can I expect going into court?

I have raised my four children for two years on my own with no support. One year ago he started getting them every other weekend. (He walked out and moved in with a girlfriend he cheated with two years ago.) They visit with him where he lives with her.

Now he is asking for joint custody (we... Read more »

Ellaretha Coleman answered on May 13, 2019

A court is not likely to give him joint physical custody if there is a significant distance between the parties' residences. Additionally, if he went a two year period without support or visitation with the children, the court will also consider those facts in determining whether he should have... Read more »

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3 Answers | Asked in Family Law for Georgia on

Q: Are there any family law attorneys that will accept payments to hire instead of a huge retainer?

Ellaretha Coleman answered on May 13, 2019

A lot of law firms accept payment plans.

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1 Answer | Asked in Child Support and Family Law for Georgia on

Q: I pay child support to ex for my 17 year old I have 6 months left to pay can I pay the full amount of child support in

One payment so I can be done with making monthly payments to her?

Ellaretha Coleman answered on May 10, 2019

There is nothing prohibiting you from paying the support in advance. However, if there is an income deduction order, the order will not be terminated until the child ages out of their entitlement to support so a pre-payment outside of an income deduction order may result in double payment.

2 Answers | Asked in Family Law and Child Custody for Georgia on

Q: Does the right of first refusal must specifically be in a parenting plan to be enforced?

The parenting plan has the Rtfr as an example but it specifically doesn't spell it out in the clause. Could this still be enforced or does it need to be modified?

Ellaretha Coleman answered on May 13, 2019

Yes. Only provisions written in the parenting plan or order can be enforced.

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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Georgia on

Q: Can I sue my exgirlfriend. For lying to get me ejackment and TPO. I have not got my things a month later still.

Ellaretha Coleman answered on Apr 30, 2019

Retrieval of your items should have been addressed in the TPO action. If she is still withholding your items and they were not dealt with in the TPO, you can file a civil action against her for recovery. If the Temporary Protective Order provided that you are to be permitted to retrieve your items... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on

Q: If me and my child’s mother signed a paternity acknowledgment and birth certificate does it make me have any rights

Ellaretha Coleman answered on Apr 30, 2019

Unfortunately, not. Until you petition the court to legitimize your child, you will not have any rights to custody or visitation.

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1 Answer | Asked in Family Law for Georgia on

Q: I have 2 fraudulent paternity results. I believe the absent parent has been paying someone with authority to change them

I need help

Ellaretha Coleman answered on Apr 25, 2019

Proving a paternity test is fraudulent can be difficult. If you have access to the child, you can take the child for an independent dna test on your own.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Georgia on

Q: How do I get a court appointed lawyer for a civil domestic relations (child custody) case if I can't afford one?

I called the court and they denied me the right to an appointed lawyer

Ellaretha Coleman answered on Apr 25, 2019

There are no court appointed attorneys in child custody cases. You can apply for a pro bono attorney through your county's legal aid office.

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2 Answers | Asked in Family Law and Child Custody for Georgia on

Q: how Can I get my arrears of 20 thousand dollars forgiven

Ellaretha Coleman answered on Apr 25, 2019

Child support belongs to the child and is not waivable.

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2 Answers | Asked in Family Law for Georgia on

Q: my husband an I separated after 3 years. I had my house and truck before we were married. can he take my property

Ellaretha Coleman answered on Apr 17, 2019

You will typically be entitled to your pre-marital property in a divorce case. However, you should consult with an attorney to determine if the vehicle and house are truly pre-marital.

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1 Answer | Asked in Family Law for Georgia on

Q: I'd adopted child is neglected can the adoption be overturned or changed by other party

The pratenal grandmother has adoption but the maternal grandmother has visitation rights and is claiming neglagence on the other party...can anything be changed or done by maternal grandparent or mother

Ellaretha Coleman answered on Apr 15, 2019

One issue that I anticipate you running into if an adoption has been completed is whether mom's rights, and in turn all of her relatives' rights, have been terminated in that adoption action. You should consult with an attorney to discuss your options if you believe that the child is in danger or... Read more »

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