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Questions Answered by Ellaretha Coleman
2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: The mother has left with the child and refuses to let me see him and she is living with a coworker. What should I do
Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 8, 2023

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.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.

He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay.

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 22, 2023

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

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I file for an uncontested divorce in Screven county georgia?

We are both seniors, there are no children and there are no assets, we just want a none contested straight divorce. Where do I file, Screven county probate?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 16, 2023

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

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Me nor my wife have custody of our kids. Can we file an uncontested divorce without minor children?

The kids grandparents have custody of them. We both want a divorce, can we divorce without including the children in the matter?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 16, 2023

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

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I am trying to get a cheap and quick divorce with full custody of my daughter. Her father and I have an agreement.

The agreement is he gets her every other weekend. He does not have a job or any income coming in, I still provide everything for her while she's over there. I do not know if that changes things but this works with us. We just want to get this divorce finalized and custody agreement legal. I... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 6, 2023

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

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Litigation for Georgia on
Q: Lawsuit after false TPO?

My ex filed a false TPO on me , I immediately filed for divorce but the Process and the TPO had my funds frozen forcing me to the verge of bankruptcy...

I didnt have the financial strength to fight her, so i accepted the unfair terms of her lawyers.

The divorce was concluded 2 years... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

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.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: I want to get a quick and cheap divorce with full custody of my daughter.

Her dad is barely in the picture with no job and rooms up with somebody. He does support her at all, I do it all. I just want this over with easily and cheap.

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

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

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My divorce was in GA.I signed that if my ex, who is custodial parent, moves out of state, I couldn’t modify

custody. My daughter is now 14 and has signed affidavit to live with me and her dad is moving to Texas. Will court in GA allow her to live with me

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 4, 2023

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

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3 Answers | Asked in Child Custody and Civil Litigation for Georgia on
Q: I need to file an emergency request for an expedited hearing in Georgia. Does other party need to be served?

I'm filing pro se as this is an extremely time sensitive matter. Do I need to have the other party served as I'm requesting an emergency hearing or will the other party be served at a later time?

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 20, 2023

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.

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord went to court and filed a Dispossessary against one of my roommate's and it included the phrase "all others"

What exactly does it mean? Also, my mother and I were not served, so I cannot understand how she was legally able to file the warrent in the first place. Both my mother and I have paid all of our rent up-to-date, and my landlord has repeatedly turned off the power l,the water, and she has... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 12, 2023

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.

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: Restraining order against my kids mother

My childrens mother found out my new address by manipulating my daughter, she keep showing up at my house with excuses of bringing stuff for the kids. 4 years ago she put sugar in my gas tank and stabbed my fiancé’s tires in the middle of the night, stole my mail with passports and socials, and... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 3, 2023

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

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Correct way to present my case Representing my own self on behalf of my daughter and I.

I file for sole, physical & legal custody. Legitimation & complete full name change. Court date, August 31st 9 AM Gordon County. How do I start off speaking to the judge. Do I wait for judge to ask me questions. I have file all the necessary documents myself. School started August 1st in... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 3, 2023

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

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3 Answers | Asked in Family Law, Domestic Violence and Divorce for Georgia on
Q: 1. My husband and I are separating. Is there a legal form to file that will protect me against any debt he accrues?

He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 24, 2023

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

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I have pending charges on my background and it’s been 4 years. Can I get these charges dropped and cleared from my recor

The DA office is trying to change my charges and give me the same as my co defendant who stated that I didn’t use the card

Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 10, 2023

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.

2 Answers | Asked in Family Law for Georgia on
Q: What is the easiest steps to be legitimized and gain parental rights to your biological child
Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 8, 2023

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.

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: If the other party & opposing counsel was ordered to pay my attorney fees, how can I pressure them to pay if they delay?
Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 29, 2023

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

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1 Answer | Asked in Divorce for Georgia on
Q: We are both seniors there are no assets, We have no children,we just want a straight uncontested divorce.

Where do we file for such a divorce in Screven county probate court?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 22, 2023

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

2 Answers | Asked in Family Law for Georgia on
Q: Are there grandparents rights in Ga?

Our daughter and grand daughter have been living with us off and on for 5 yrs during this time when financially took care of their needs. She married a man and they continued to live with us. Seeing that the new husband was verbally abusive to our grand daughter we tried talking to our daughter... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 6, 2023

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

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: HOW DO I FILE AN ANSWER TO OBJECT LEGITIMATION ?
Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 18, 2023

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.

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3 Answers | Asked in Child Support and Family Law for Georgia on
Q: I’m I responsible for paying back pay for a child support case that was closed
Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 26, 2023

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

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