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Questions Answered by Ellaretha Coleman
1 Answer | Asked in Family Law for Georgia on
Q: Can a childs name be changed if the non custodial parent has not legitimized the child.
Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

Yes. But that does not mean that the non-custodial parent does not have to be notified of the petition to change name. If the non-custodial parent has paid support or participating in the child's life, they may still be entitled to notice and have an opportunity to object to the name change.

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: I was the victim of a domestic dispute&clearly injured. The cops came& I ended up charging& arrested. What should I do?

Neighbor and I got into an altercation where I was the victim and was injured. I called the cops and they came and got statements from me and him as well as his parents who lived across the street. They sided with him even though saw me pinned on the ground in a puddle of wood glue he had thrown.... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

You need to hire an attorney who can advise you on the specifically on the best way to proceed based on the specific facts of your case.

1 Answer | Asked in Criminal Law for Georgia on
Q: My brother in law he is in robation and they want me to agree with random drug test and warrantless searches and seizure
Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

The terms of probation typically include random drug screens and warrantless searches at a probationers residence.

2 Answers | Asked in Divorce and Civil Rights for Georgia on
Q: Can I fight my stepmom for my dad's life insurance policy because she abandoned him and was filed for a divorce??
Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

If your stepmom was still listed as the beneficiary of the policy at the time of your father's death, she will be entitled to the policy benefits, irrespective of what marital problems they were having.

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3 Answers | Asked in Divorce for Georgia on
Q: In an Uncontested Divorce what if the non-filing party doesn't show? (Georgia)

Hi,

I live in and filed in Gwinnett County Georgia. My to be ex-spouse doesn't want to show up for court since they live out of state. We filed an uncontested divorce with a separation agreement. If they don't show up, would that mean they only waive their right or would it mean... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

Attorney Edwards is correct. The responding party in an uncontested divorce is not required to appear at the final hearing.

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2 Answers | Asked in Family Law for Georgia on
Q: Is a marriage legal if one of the spouses lied on marriage license So is this marriage legit

My daughter in law has been married three other times, when they filled out for the marriage licenses she didn’t use her legal last name of her third husband, she used her second Married last name and then only put down that she has been married only twice.

So I want to know if the... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 19, 2020

Those facts alone would not affect the legitimacy of the marriage.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Thief by conversion. What evidence do you need to have a not guilty plea
Ellaretha Coleman
Ellaretha Coleman answered on Nov 14, 2020

These cases are fact specific. If you have questions regarding your chances of obtaining a not guilty at trial, you should consult with an attorney to discuss the specific facts of your case.

1 Answer | Asked in Real Estate Law for Georgia on
Q: My lease holder passed away, her family has few more things in the house, I have ask them repeatedly to come and remove

Them. Can I box them up and sit them out doors and not get sued. I sent a cerferied letter, informing her.

Ellaretha Coleman
Ellaretha Coleman answered on Nov 9, 2020

No. You have to formally have the lease terminated through landlord tenant court.

3 Answers | Asked in Family Law for Georgia on
Q: I have paid over $100,000 to my attorney and she just filed to withdraw mid-case because I owe her $15,000

She refuses to file for her fees to be paid by my ex under Fair PLaying Grounds. Can she and what do I do?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 9, 2020

An attorney can withdraw if money is owed to the firm. Without knowing more about your case, we can not advise you whether you have strong chances of recovering fees from the opposing party. If you would like a second opinion, we are happy to help.

Atlanta Family Law Group

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4 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: How can i file for emergency custody not in same state as child

Let state n child due to domestic violence. Father has in dangered myself n child and recently been locked up and has serveral open cases n current drug addict

Ellaretha Coleman
Ellaretha Coleman answered on Nov 8, 2020

You need to contact an attorney in the state where the child is located to file a petition for emergency custody if someone other than you has legal custody of the child.

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3 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: If I have seen someone abusing my child sexually and he is not in my custody, how will charges be brought against them?

My son is with my family. They are not my biological family they have recently petitioned the court to adopt and accuse me of abandonment. I witnessed my child engaging in the act of sex with two members of the family and was afraid to tell anyone about it at first, but have called CPS and reported... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 8, 2020

You need to report what you saw to the police.

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3 Answers | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: If the divorced father doesn't work will/can the courts consider/touch his new wife's income?
Ellaretha Coleman
Ellaretha Coleman answered on Nov 8, 2020

No. The new spouse's income is not factored into a child support order. However, just because he refuses to be employed does not mean that the court can not impute him at an income commensurate with what he has the ability to make.

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3 Answers | Asked in Divorce for Georgia on
Q: My ex refused to bring child home from visitation on time. I did not agree. He texted me he will be about 2 hours late

What can I do?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 8, 2020

Unless it is a repeated issue, let it go. As your child gets older, these things may happen. If it becomes a repeated issue, then you can file a contempt if he fails to return the child on time.

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2 Answers | Asked in Family Law for Georgia on
Q: Is there a fathers rights attorney, contempt filed in Jackson County, Ga. I am pro se and needing advice. Motion to jury

Malicious mother syndrome / Parental alienation and I am tired of the gaslighting and her using our children as a game. 3 year in a row she has filed.

Ellaretha Coleman
Ellaretha Coleman answered on Nov 3, 2020

You need to hire an attorney if you seriously want to fight a parental alienation issue. These cases are complicated and can be difficult to prove.

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4 Answers | Asked in Family Law for Georgia on
Q: Attorney Roy be charged for violating court order by taking 8yr old grandson to NY during court ordered visit with mom?

Attorney is grandsons stepmom and took my grandson to NY without his father. The trip to NY was made during the prohibited COVID-19 travel to NY restriction by Govenor, with GA listed as one of the mandatory quarantine states for 14 days. This violated a court order by an attorney and put my... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 2, 2020

This would not be a criminal offense. Was there a specific court order that restricted travel? Typical standing orders are not meant to restrict travel for vacations or short term trips out of state.

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2 Answers | Asked in Adoption and Family Law for Georgia on
Q: Need a pro bono lawyer to represent me be on my side with a guardianship case. Plus visitation. 706 716 4208

Ex got guardianship I'm the mom trying to fight for justice to be apart of her life an get guardianship visitation.

Ellaretha Coleman
Ellaretha Coleman answered on Nov 1, 2020

If you are unable to afford an attorney, your local legal aid office may be able to assist you.

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1 Answer | Asked in Child Custody, Civil Litigation, Family Law and Legal Malpractice for Georgia on
Q: Are GA deputy sheriffs authorized to administer legal advice to the public?

And if so... to what extent?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 1, 2020

Only licensed attorneys are authorized to give legal advice to the public.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: mother has not been child's life since 2015. lives in another state who has legal custody? still legally married to her.

our child has mental conditions and i have been making all the decisions. now she wants to start making decsions after almost 6 years. she wont divorce unless i do under her terms. she has our daughter and i have our son. she wants to make decisions but still has no contact with him. he is 16

Ellaretha Coleman
Ellaretha Coleman answered on Oct 29, 2020

If you and the mom are still married, you both have the same custodial rights to the children of the marriage.

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2 Answers | Asked in Family Law for Georgia on
Q: My mom tried to send me away so I left home. Im 17. Can the people I moved in with get into legal trouble?

My friend's mom didnt want to see me on the streets so she let me stay there. Can she get into trouble for this? Mom made my job let me go so I cant emancipate myself. I left home cause I'm was tired of the verbal abuse and pettiness.

Ellaretha Coleman
Ellaretha Coleman answered on Oct 26, 2020

Until you reach the age of 18 or emancipate, your mom can dictate where you live.

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Military Law for Georgia on
Q: Good afternoon i have an issue with my spouse (married in the army) we have not lived together for a while now &

I know she used me to get her green card expedited and once she got she fled the state of Texas So with me not being knowledgeable as i am now about the time limit in her being in Georgia passed six months, i was too late in doing something to keep her here since a child was conceived through our... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Oct 24, 2020

Whether you are eligible for an annulment based on fraud is extremely fact specific based on your individual circumstances and the proof that you have to evidence her intentions in entering the marriage. Likewise, the cost of your divorce will depend on your individual circumstance and the... Read more »

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