Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Ellaretha Coleman

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

Q: Define is a 17 yr old a minor, or adult. In a custody dispute

At what age can a child not go by court rulings

Ellaretha Coleman answered on Jul 14, 2019

A 17 year old is still a minor.

View More Answers

3 Answers | Asked in Divorce and Family Law for Georgia on

Q: Is super sedeas automatic on all cases? contempt action in divorce - non-payment, no appeal filed only Mot New Trial

Divorce, Final Jdgmt Decree issued 10/20/2017, court reserved issue of attorney's fees - still waiting on that . Spouse, ordered to start paying on specific dates (12/2017) has not paid anything so far, so I filed a motion for contempt. At motion hearig Opposing counsel argues super sedeas applies... Read more »

Ellaretha Coleman answered on Jul 14, 2019

You need to consult with an attorney to review the pending pleadings in your case to determine your options.

View More Answers

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

Q: Is 17 yr old son by only 3 days, a minor or adult in a custody dispute. Can he do or stay wherever he wants whenever,

I have custody, he was grounded but i allowed him to go to mothers for his 17b-day. Now he will not come home, mother says he dont have too, papers says he does. Sheriff Dept, wont enforce court rulings. Is she in comtemp

Ellaretha Coleman answered on Jul 14, 2019

A 17 year old is still a minor who is subject to a custody order.

View More Answers

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

Q: Can I have the settlement agreement updated to reflect changes to certain words being used?

I recently had a final hearing - we are in full agreement. The agreement needed to be altered with pen to correct what my lawyer did not send to the other party as I fired my counsel before the hearing. We signed the settlement with corrections but was not signed in front of notary as there is a... Read more »

Ellaretha Coleman answered on Jul 11, 2019

You can request those changes, but the changes you have given above have no legal consequence in the enforcement or application of the settlement agreement. The terms in the current agreement are often used in divorce cases for ease of reference.

View More Answers

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

Q: If I am in the parental accountability court program can I be put in jail while in court after being dropped from it?

Ellaretha Coleman answered on Jul 11, 2019

We would need more information on your specific circumstances to provide an answer to this question.

View More Answers

3 Answers | Asked in Family Law and Juvenile Law for Georgia on

Q: How do i obtain a copy of termination of parental rights? The rights were taken away about 10yrs ago. I need a copy

Ellaretha Coleman answered on Jul 11, 2019

You can obtain a copy of the order termination your parental rights from the clerk of the court where the order was issued.

View More Answers

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

Q: yes my children are not legitimized but I have filed for legitimatzion and custody. they have lived solely with me for 3

years can the mother just come take them from me?

Ellaretha Coleman answered on Jul 11, 2019

Unfortunately, yes she can. Until there is an actual order of legitimation, you do not have any custodial rights to the children. If you have already filed, you need to request a hearing on this issue as soon as possible.

View More Answers

3 Answers | Asked in Family Law for Georgia on

Q: If my husband leaves me for another woman and we both signed apartment lease could he still be responsible to help pay

We have only been married for 6 months. And my husband decided to go back to his ex girlfriend and has left me paying for all of our Bill's that we accumulated together because it's all in my name except for our apartment lease is in both of our names. We dont have any kids together but I have a... Read more »

Ellaretha Coleman answered on Jul 11, 2019

This is something that will need to be dealt with in the divorce action. You may be entitled to temporary support to assist you in paying for the apartment lease.

View More Answers

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

Q: What steps should I take to file an order of consent to get back custody of my child who lives with me, from my mom?

Ellaretha Coleman answered on Jun 21, 2019

You need to file a petition to modify custody. I recommend seeking representation of an attorney to ensure that the documents are prepared properly and efficiently.

View More Answers

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

Q: My mom has custody over my child but he lives with me. How do I file to regain custody, without causing trouble for her?

I feed, teach, and clothe him, placed him in daycare, and takes him to all of his doctors appointments. While she just retains custody.

Ellaretha Coleman answered on Jun 21, 2019

You can enter into a consent order to change custody with your mother that is filed with the court. As it appears that everyone is on the same page with the child living with you, it does not need to be a contentious process.

3 Answers | Asked in Child Support and Family Law for Georgia on

Q: Can a father legitimize his child without the mothers consent?

Mother wants to file for child support but refuses the papers of father trying to get the child legitimized

Ellaretha Coleman answered on Jun 20, 2019

Yes, however, the father will need to file the petition for legitimation in Superior Court and have the mother served with it. The Court in the legitimation action can establish custody and visitation rights of the father.

View More Answers

1 Answer | Asked in Family Law for Georgia on

Q: Can I file for joint custody from another state

Ellaretha Coleman answered on Jun 17, 2019

It will not be feasible to exercise true joint physical (50/50) custody of a minor child where the parents live in two different states. However, joint legal custody is customarily ordered, even with an out of state party.

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

Q: Can my husband take our 2 children to another state without my consent and after I have contested it in court?

He is the primary custodial parent only through a temporary custody order.

Ellaretha Coleman answered on Jun 16, 2019

It is unclear from your question whether he is taking the children temporarily or moving permanently. Typically, if a case is pending the standing order will prevent a parent from permanently removing the children from the state of Georgia during the pendency of a divorce or custody action.... Read more »

View More Answers

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

Q: What will happen if the mother moves before she is served the legitimization papers for our child to be in court?

The mother of my child is moving out of state in 30 days. I just filed the legitimization papers yesterday. Our son is 7 months right now. She will not tell me where she is moving to, she won't give me her number to contact her about him. If she move before they serve the papers, what will be the... Read more »

Ellaretha Coleman answered on Jun 12, 2019

Until she is served, there is no standing order to prohibit her from leaving the state with your child. Unfortunately, until you are legitimized, she does not have to advise you of her whereabouts either as you have no rights to custody or visitation until then. You should aggressively pursue... Read more »

View More Answers

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

Q: How can we get a "homeless" NCP served?

My husband filed for Child support in Jan. 2019 against his son's mother, the NCP. He has full physical custody and joint legal custody. The NCP is "homeless" on paper, and the sheriff has been unable to serve her at any address available. She visits the child regularly at our home, extracurricular... Read more »

Ellaretha Coleman answered on Jun 11, 2019

If you have specific dates/times that she will be there for visitation, you can have a private process server serve her during those visitation periods. Oftentimes, you can arrange a specific time and place with a process server, where this is not typically an option with the Sheriff's Office.

View More Answers

2 Answers | Asked in Family Law for Georgia on

Q: do i have to make my 14 year old go with his father if he doesnt want to

the mother has legal physical custody

Ellaretha Coleman answered on Jun 9, 2019

Yes, if there is an order of custody. If the child no longer wants to visit, you should file a modification of visitation action. Otherwise, you will risk being held in contempt for not making the child exercise visitation with the non-custodial parent.

View More Answers

1 Answer | Asked in Family Law for Georgia on

Q: Do I have to submit my petition to change my name to the court if it is a change because of a marriage?

Ellaretha Coleman answered on Jun 6, 2019

No. You should be able to change your name with your marriage certificate.

3 Answers | Asked in Divorce for Georgia on

Q: The document is dated for 10/22/2018. They located me through email 2 weeks ago but served me tonight.

Ellaretha Coleman answered on Jun 6, 2019

I'm not sure what your question is. If the petition/complaint is dated 10/22/2018, but you were not served until last night, you will still have 30 days from the date of service to respond. It is not unusual for there to be a delay in service if there is difficulty locating a respondent.

View More Answers

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

Q: Can my cousin put me and my mother out today without a legal eviction notice?

My mother and I are staying in a family home, which use to belong to my grandmother, along with my aunt (cousin’s mother) and uncle . We found out after an argument that the home belongs to my cousin now and it has since 2005 per me going to the courthouse to acquire the deed for more... Read more »

Ellaretha Coleman answered on Jun 6, 2019

They can not force you to move without filing an action in court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.