That depends. If there is a custody order, you would need to file a contempt action. If there is no order of custody, you would need to petition the court to establish one. That can be done through a legitimation action if you and the mother are not married or a divorce if you are.

You may qualify for a divorce by publication if his location is truly unknown. However, with a divorce by publication the court is limited on the issues they can decide and often will be prohibited from making determinations on issues such as child support and equitable division if there is no... View More

To file an uncontested divorce you will need to file a summons, petition for divorce, acknowledgment of service, consent to trial in 31 days and a marital settlement agreement. If there are children involved, you will also need to file a parenting plan, child support worksheet and child support... View More

If there are children of the marriage, the children have to be addressed in the divorce case. Georgia does not provide bifurcated divorce, meaning, the court can not decide the divorce without also addressing the children of the marriage. If someone else had legal custody of the minor children,... View More

To obtain a divorce, you will have to have the courts involved. Only a judge can issue a divorce decree. Most counties have a self-serve legal assistance office where you can get assistance filling out the uncontested divorce forms. They are also on most counties' clerk of court websites to... View More

Your claims against your ex spouse were likely extinguished with the settlement of your divorce case. Typically, marital settlement agreements will explicitly state that it resolves all issues resulting during the marriage between the parties.

It's not going to be cheap or easy if he contests the divorce. Your easiest route is an uncontested divorce which can be finalized in as little as 31 days from filing. However, you and your spouse will need to agree on all terms of the divorce, including child custody, child support and... View More

I agree with attorney Edwards. Agreements not to modify are not typically enforced in Georgia. Your daughter's custody election is a rebuttable presumption that she should be allowed to live primarily with you, but is not absolute. The court must still make a determination of whether it is... View More

In extremely rare circumstances, a court may hear an emergency matter on an ex parte basis where the other party does not need to be served prior to the emergency order. But in most cases, you will need to serve the opposing party prior to the matter being heard by the court.

Unless there are separate leases for each of the occupants, a dispossessory against all others or all residents will be effective against all occupants of the residence. For dispossessory actions, the only service required is tacking the notice on the door. No personal service is required.

Advise her in writing not to come to your home again uninvited. Arrange a meeting location that is not your home address for visitation exchanges. If she continues to come to your home after you have advised her not to, you can contact the police to seek a trespass warrant. What you are... View More

Representing yourself in this case is going to greatly diminish your chances of success. A great deal of the value that an attorney brings is their knowledge and ability to introduce your evidence and tell your story in a legally allowable way. Without knowing the specifics facts of your case or... View More

You need to consult with a tax attorney or cpa regarding the tax liability from the sale. Unfortunately, there is no legal separation in the state of Georgia. You are legally married until you are not. If you are concerned that he will incur debts in your name during the separation, you need to... View More

You're going to have to resolve the charges, either by trial, plea or motion to dismiss, before you can have your record restricted or cleared.

Attorney Edwards is correct. A legitimation through Superior Court is the only way to establish custody and parenting time rights for a father of a child born out of wedlock.

You can file a motion for contempt if the time for them to pay has expired.

You will need to file the divorce in the Superior Court of the county in which either of you reside.

I am sorry that you are going through this. Your only option is to petition the court for grandparent's visitation rights.

Your answer is a formal pleading responding to the allegations of the petition filed against you. You would need to file this with the clerk of court where the case is pending.

Yes. Closing the case does not terminate the obligation, it only stops enforcement through child support recovery services.