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Questions Answered by Ellaretha Coleman

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

Q: Do I as paternal grandmother have legal standing to file an original petition for change of custody?

Father never legitimated, but paternity was established via a signed paternity affidavit from both parents. In addition, child support enforcement also generated a paternity establishment via their administrative court proceedings. I have lived in Ga with child over 6 years. Neither parent lives in... Read more »

Ellaretha Coleman answered on Aug 30, 2019

Yes, you have standing to file a petition for custody.

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

Q: I'm trying to get a modification of a child support order, and would like to know if I have everything needed to proceed

I have done the child support addendum, and also the worksheet.

Ellaretha Coleman answered on Aug 29, 2019

Filing a modification of child support is more detailed than just presenting a child support worksheet and addendum. It often requires the exchange of updated financial documents. You should consider at least consulting with an attorney to discuss your options.

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

Q: How do I file for medical expenses?

My son was born in April 2018.

We recently finished custody court.

I filed for child support in October 2018, in Georgia. They lost the DNA test, I had to take him back again, prolonging the process.....and they are just now finalizing it, IN JULY, I haven’t received any payments... Read more »

Ellaretha Coleman answered on Aug 28, 2019

You are going to continue to be at a disadvantage proceeding without counsel. The judge is not going to be able to advise you on how to proceed with your case and which laws apply in your action. If the expenses are from the birth of your child, they are typically reimbursable, however, you need... Read more »

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2 Answers | Asked in Domestic Violence and Family Law for Georgia on

Q: Can a father legitimize a child without the mothers consent and when there is a premenant protection order?

The order includes the child and gives the mother full custody.

Ellaretha Coleman answered on Aug 26, 2019

Yes, a legitimation petition can still be filed and depending on the circumstances of the protective order, can still be granted. You should speak with an attorney as soon as possible to determine your options for having the protective order modified as it relates to contact with the child.

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2 Answers | Asked in Family Law for Georgia on

Q: WHAT I CAN DO ABOUT MY 5YR OLD GRANDSON THAT HAS BEEN WITH ME FOR OVER YR AND A HALF AND HIS MOTHER CAME TOOK HIM

MYSELF AND HIS DAD ENROLLED HIM IN SCHOOL AGAIN THIS YR THE MOTHER OUT OF NOWHERE WENT TO TRY GET HIM OUT EARLY SCHOOL WOULD NOT LET HER TAKE HIM BECAUSE SHE IS NOT ON HIS PAPERWORK BUT HAS ALSO ENROLLED HIM ANOTHER COUNTY SCHOOL WITHOUT DISENROLLING HIM FIRST BUT SHE CANT DO THAT EITHER BECAUSE... Read more »

Ellaretha Coleman answered on Aug 20, 2019

If there is a current custody order that she is in violation of, your son would need to file a contempt action against his former wife. Additionally, he needs to consider filing a modification of custody action if prior to this stunt mother has not seen the child in a year.

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2 Answers | Asked in Family Law for Georgia on

Q: advice on my 5yr old grandon that has been in MY care over yr and a half and his mother took him refuses to bring him bc

he does not want to be with her she went to his school on the first day and attempted to check him out but school wouldnt let her have him since it was myself and his father that enrolled him she was not on any paperwork but the same afternoon she showed up out of the blue supposedly to bring his... Read more »

Ellaretha Coleman answered on Aug 19, 2019

If the parents were never married, unfortunately only the biological mother has rights to the child. Your son should consult with an attorney immediately to move forward with filing a legitimation action to establish his custodial rights. I am assuming this has not previously been done as there is... Read more »

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2 Answers | Asked in Family Law for Georgia on

Q: Can I change my two year old's first and middle names if he shares a name with his father (II & III)?

I ask with the assumption my son's father will be convicted of charges he has received, including four felonies (aggravated assault - firearm) and two DUI's. We were married at the time of birth. We are in GA.

Ellaretha Coleman answered on Aug 19, 2019

You will need to either get the permission of the father or serve him as a respondent in the name change petition as he is the child's legal father.

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

Q: If I've signed the papers but I'm not sure if they have filed I signed them two days ago can I change who I want to it b

Ellaretha Coleman answered on Aug 19, 2019

It is unclear from your question what type of documents you signed. We can not answer your inquiry without more information.

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

Q: Can a GAL restrict a boyfriend from seeing a girlfriend due to her child having outbursts

Gal has restricted us from seeing each other and requiring counseling for the child. The child is 9 and was having outbursts. Her dad got remarried after 5 weeks of seeing a woman and I started dating her mother a month after that. I don’t even have a speeding ticket on my record and have had... Read more »

Ellaretha Coleman answered on Aug 16, 2019

A guardian ad litem can not issue orders controlling the parties' behavior, but can only make recommendations. However, most judges take a GAL's recommendation as gospel and may make an adverse custody decision against the party who fails to adhere to the GAL's recommendations.

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2 Answers | Asked in Criminal Law for Georgia on

Q: How come she has no bond after a preliminary hearing for 1st degree cruelty to children. Her priors are tickets.

It's her first felony offense. No criminal history. She is 37.

Ellaretha Coleman answered on Aug 14, 2019

There can be several reasons that a judge denies bond for an individual defendant, including but not limited to prior criminal history, prior history of failure to appear, holds from probation or other jurisdictions, the seriousness of the pending charges, etc. Without knowing more facts of this... Read more »

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

Q: Not my kids but GA is suing me for child support

My gf had twins but they were taken by the state a few months after birth. The paternity test determined I am not the father. Now GA DFCS is suing me for child support. I don't want to have to pay child support for kids that aren't mine. What are my options?

Ellaretha Coleman answered on Aug 14, 2019

If you and the mother were not married at the time of birth of the children and they are not biologically your children, you have no legal obligation to financially support the children.

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2 Answers | Asked in Divorce for Georgia on

Q: Can I sell my house without my wife's consent if I only and on the mortgage?

I refinanced in 2013 for the second time and she asked to be not included on the mortgage. She is on the security deed but not the VA mortgage.

Ellaretha Coleman answered on Aug 14, 2019

If a divorce is pending, there is likely a standing order in place which would prohibit you from selling the home without your wife's consent. Additionally if she is on the security deed, you will likely need her signature to sell the property even though she is not on the mortgage, whether a... Read more »

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2 Answers | Asked in Criminal Law for Georgia on

Q: Is aggravated stalking repeat offender considered a violent felony?

Ellaretha Coleman answered on Aug 12, 2019

It depends on the allegations that led to the charge of aggravated stalking. It could be a violent offense if the allegations involved threats of violence.

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2 Answers | Asked in Family Law for Georgia on

Q: In Georgia, how can I get guardianship of my 16 year old grandson. He was left by his mother as he refused to go.

My grandson is 16 and his mother moved away with a man she met on the internet. He refused to go as he wants to finish high school here in Toombs County, GA and graduate with his life-long friends. I am his grandmother and he has been living with me for 2 months now. I take can of all his needs:... Read more »

Ellaretha Coleman answered on Aug 12, 2019

There are several options here. You can petition for custody in juvenile court through a private dependency action if mom has essentially abandoned the child or file a third party action for custody. You should consult with an attorney right away to determine the best course of action depending... Read more »

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

Q: I’m supposed to pay child support to my ex husband for our 14yr old daughter because she wanted to live with him.

I had sole custody of our daughter for the past 12 years. right before her 12th birthday in July, 2017. Dad and I divorced before she was 3 and he was gone. He tried a few times when she was 6-8 maybe but he had some other kids and all so it faded out. When she was 10 he met his now wife and has... Read more »

Ellaretha Coleman answered on Aug 12, 2019

In most instances, the non-custodial parent is required to pay child child support.

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2 Answers | Asked in Family Law for Georgia on

Q: So I dont want to have visitation with my dad , I turn 16 in 18 days is there a way I could stop seeing him?

He likes to pick on me and in a not funny way and and make me cry and never pays child support on time. He trys to take me out of school for a week to go to Disney and gets mad when I say I cant go I would like my mom to have complete custody because seeing my father is not good for my emotional... Read more »

Ellaretha Coleman answered on Aug 12, 2019

I agree with attorney Jordan. Whether the court will continue to make you exercise visitation with your father will depend on the specific facts of your case. However, if there is an order of visitation, your mother is going to be required to follow it until you reach the age of 18. If this is... Read more »

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

Q: Can defacs tell the mother of a child that she cant have any contact with her boyfriend that has no convictions with law

My fiance has an open defacs case because her mother is seeking legal custody. Now because we have no lawyer they have appointed my fiance's son an attorney and she is being told she cant have any contact with me or she could lose custody of her son and I have never been convicted of any... Read more »

Ellaretha Coleman answered on Aug 12, 2019

Yes, if there is an open dependency case, DFCS can restrict of limit contact with any individuals whom they feel are not in the child's best interest to have contact with.

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2 Answers | Asked in Family Law for Georgia on

Q: My son dad is in the military & has three other children would I able to get anything from child support

Ellaretha Coleman answered on Aug 12, 2019

If you are the custodial parent, you will be able to get child support. His having other children may affect the amount of support that you are entitled to. You should consult with an attorney to discuss your options.

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3 Answers | Asked in Family Law for Georgia on

Q: My wife is allowing an 18yr old boy live with and sleep in the same bed with my 15 yr old daughter what can I do legally

Ellaretha Coleman answered on Aug 12, 2019

As my colleagues have stated, you will need to file for divorce and petition for custody. Until then, you both have the same rights to custody.

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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.

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