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Questions Answered by Ellaretha Coleman
2 Answers | Asked in Child Custody for Georgia on
Q: During the current pandemc, does fther have rights to come to my house demanding our child to go with him on a Saturday?

Me and my childs father are not nor ever have been married and we do not have any court order custody. Our child resides with me yearly with mostly Friday nights and Saturday days with her father. During the current pandemic, does he have rights to come to my house demanding our child to go with... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Apr 4, 2020

If there is no custody order in place, he has no legal right to visitation. However, if there is no concern of danger with dad, I would not use the pandemic to now cut off visitation that he has historically been exercising. If you do so, he will likely be motivated to now file a legitimation... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: if im on unsupervised probation,and catch traffic violation can my unsupervised get violated to supervised before court

I have been on unsupervised felony probation for some years then i got pulled over one day in a stolen van.Can my probation officer put me on supervised probation without going to court?

Ellaretha Coleman
Ellaretha Coleman answered on Apr 4, 2020

You will not typically face a probation violation for general traffic offenses.

2 Answers | Asked in Divorce for Georgia on
Q: My husbands in the air force, and after 4 years and me trying to get him to go to marriage counseling. He wants a

Divorce. We have one kid together. Its deffinately over, but should I wait and let him file or should I file first? And what exactly happens if we were to have only one lawyer for the two of us?

Ellaretha Coleman
Ellaretha Coleman answered on Apr 3, 2020

Unless your divorce is uncontested, both of you will need an attorney. For a divorce to be uncontested, you must agree on all aspects of the divorce, custody, support, and division of assets/debts. There’s no legal significance regarding who fileS first. However, the petitioner is on offense... Read more »

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3 Answers | Asked in Child Support and Family Law for Georgia on
Q: I got a letter saying "Your case has been closed for current support" and "Your case has been closed".

The letter comes from Georgia Dept of Human Services. There are other check boxes about if you are in the arrears, which I am not and have never been, and they are not checked. The only ones checked are the ones noted above. I have paid child support for years before it was ever a court order.... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Apr 3, 2020

My colleague is correct. Closing the case does not alleviate you from your obligation to pay the ordered support. It only terminates Child Support Recovery's right to collect while the case is closed.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: So I live in a very toxic household because of my father. Could my sister become my legal guardian if my mom agrees to

it, in court. I know living situations can be bad for everyone but it has caused me to almost attempt suicide at least 10 times in the past year. And when I ask if I can see a therapist or get help he tells me I'm wrong and I don't need it. He calls me names and belittlea my existence as a whole.... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Apr 2, 2020

Your mom may be able to give guardianship to your sister, however, there may be several factors that would prevent that if your dad does not agree. If you are being abused, physically or emotionally, there is help. I would suggest contacting the Georgia Child Abuse Hotline at 1-855-GACHILD /... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: Probation Violation!

I have a warrant out for my arrest for probation violation. “Failure to comply, I forgot to email her to report & haven’t done community service due to covid-19! I’m wondering if there’s a way that I can get out of not doing jail time!

Ellaretha Coleman
Ellaretha Coleman answered on Mar 31, 2020

You need to contact an attorney immediately. Our office can help. If you’re picked up now, there’s no guarantees of a courtdate but an attorney may be able to have the warrant set aside based on the circumstances.

ejoneslaw.com

(404) 525-3080

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My divorced brother passed away and the beneficiaries for his life insurance were his minor children (in GA).....

I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs (based on... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 31, 2020

Typically in divorce cases, the final divorce decree requires the parties to maintain life insurance policies for the benefit of the minor children if one parent dies while the children are still minors. This is so that the children can still be financially provided for while they are minors. If... Read more »

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My divorced brother passed away and the beneficiaries for his life insurance were his minor children (in GA).....

I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs (based on... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 30, 2020

Typically in divorce cases, the final divorce decree requires the parties to maintain life insurance policies for the benefit of the minor children if one parent dies while the children are still minors. If that is the case, there is not a way to now alter the beneficiary designation, unless the... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: how do I change my name and file a case against my family .

I have been thru countless years of mintol and physical abuse and I'm over it I'm tyerd of being there wiping post and blame boy

Ellaretha Coleman
Ellaretha Coleman answered on Mar 29, 2020

You can change your name by filing a name change petition in your county's superior court.

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1 Answer | Asked in Child Support for Georgia on
Q: Will his ex child support order chump my child support order with my ex?

My ex husband have a child support order in place from his ex. Years later we marry , had children and now divorce. He pays child support for our children (court ordered). Can his ex take him back for more money and my children child support gets lowered? Or will the courts take into consideration... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 29, 2020

Your child support order will not be affected unless a modification is filed.

2 Answers | Asked in Criminal Law for Georgia on
Q: Will the state proceed with charges or will they be dismissed? She was evaluated and declared to be mentally incompetent

First her attorney(public defender) was all for taking 3 yrs probation for a drug charge now she seems to think that the prosecutor will drop the charges

Ellaretha Coleman
Ellaretha Coleman answered on Mar 29, 2020

We would need more information to advise you on the likelihood of whether the charges would be dismissed.

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1 Answer | Asked in Child Custody for Georgia on
Q: What if you find out someone was getting child support illegally and they got it for 7 yrs like that
Ellaretha Coleman
Ellaretha Coleman answered on Mar 27, 2020

Without more facts, we will be unable to answer your inquiry.

2 Answers | Asked in Child Support for Georgia on
Q: What is the best way to go about child support modification? How often are child support modifications done?

I have never modified child support my child is ten, circumstances and living costs have changed over the last ten years.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 27, 2020

A modification can be filed after two years. The new order will be based on your current financial circumstances.

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2 Answers | Asked in Child Custody for Georgia on
Q: Does covid19 effect an existing child custody order if I feel my child will be safer in my(primary parent) home?

Covid 19

Ellaretha Coleman
Ellaretha Coleman answered on Mar 27, 2020

The order controls. The pandemic does not change your existing obligations under the order. Failure to abide by the order may subject you to a contempt filing.

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2 Answers | Asked in Child Support for Georgia on
Q: Child Support Order lists % and Dollar amount. Should payment adjust every year or do I have to request modification?

The Child Support section of my 2005 Divorce Agreement (before the Child Support Law changed) lists that NCP will pay 25% of his income, currently at a specific dollar amount. Does that mean every year, that amount should change as his income changes or do I have to request a formal modification to... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 26, 2020

You would need to file a modification to change the amount.

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2 Answers | Asked in Family Law for Georgia on
Q: Can foster care change the courts visitation agreement without going to court or notifying me

My daughter was placed in foster care for bs reasons and now the foster care lady is saying we can't set her. Can she do that?

Ellaretha Coleman
Ellaretha Coleman answered on Mar 26, 2020

Without knowing more facts about your case, we are unable to answer that question. If there is a court order in place, that order cannot typically be unilaterally changed by one party.

Ellaretha Coleman, Esq.

Atlanta Family Law Group LLC

(404) 963-9452...
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3 Answers | Asked in Divorce for Georgia on
Q: I had my house before my husband and I were married. He now wants me to sell and us divorce. Do I have to?
Ellaretha Coleman
Ellaretha Coleman answered on Mar 26, 2020

That will depend on a number of factors. If the home is considered a marital asset, it would be subject to equitable division. There are not enough facts in your inquiry to determine whether the home would be considered marital. You should consult with a divorce attorney to explore your options.... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: Are you a criminal lawyer?
Ellaretha Coleman
Ellaretha Coleman answered on Mar 25, 2020

Yes, my office does handle criminal cases.

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1 Answer | Asked in Criminal Law for Georgia on
Q: what is the max sentence on a felony probation revocation of a new misdemeanor charge?
Ellaretha Coleman
Ellaretha Coleman answered on Mar 25, 2020

Typically, you can be sentenced up to the remainder of the time you have remaining on your probation. However, if you are on first offender probation, you can be re-sentenced up to the maximum sentence of the original charge. It is best to contact an attorney to represent you in the probation... Read more »

2 Answers | Asked in Real Estate Law for Connecticut on
Q: My father left land to my brother and I and we've had it listed at a price that was too high to sell for nearly 2 years.

We need to relist it. My brother says that financially he doesn't need to sell it and wants to list it for a price that is $60,000 higher than the price it was already listed at. A new, potential listing agent has indicated it would be unlikely to sell it at such an exorbitant price and higher... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 24, 2020

You may be able to file a partition action to get the court to order the sale of the property and distribution of the proceeds.

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