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Questions Answered by Ellaretha Coleman
3 Answers | Asked in Divorce for Georgia on
Q: My wife and I are getting separated and she has my car in another state. What can I do legally to get it back
Ellaretha Coleman
Ellaretha Coleman answered on Apr 13, 2021

You're going to need to file for divorce and have the judge decide who gets the car.

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2 Answers | Asked in Divorce for Georgia on
Q: If I am getting a divorce and I agree do I have to answer the summons
Ellaretha Coleman
Ellaretha Coleman answered on Apr 13, 2021

Yes, even though you agree to the divorce, you may not agree to all of the things that your spouse is requesting in the divorce. If you do not have a settlement agreement that is being filed with the court, I would highly suggest that you file an answer and counterclaim for divorce to protect your... Read more »

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3 Answers | Asked in Family Law for Georgia on
Q: Can my marriage be annulled based on numerous lies my current spouse told me regarding his financial status?

Lies he told me prior to our marriage: He has 2 biological minor children (not by me) and he does not pay child support. He does not make the income he told me he made. His credit score is below 500 and he lied about that. Without my knowledge, he recently paid his personal bills with my credit... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Apr 6, 2021

No, these deceptions would not rise to the level of qualifying for an annulment.

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2 Answers | Asked in Child Custody for Georgia on
Q: decree my exes boyfriend is not allowed contact with our children, but after the divorce they get married is it ok now?

in our divorce decree my exes boyfriend is not allowed contact with our children, but after the divorce they get married does that make it o.k. for him to be around our kids? In context the decree only allows for visitation at my ex- mother-in-laws house, to avoid there being contact, he is a... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 26, 2021

If the decree specifically names the individual and limits contact with the minor children, the marriage will not change that.

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1 Answer | Asked in Child Custody for Georgia on
Q: The father of my child and i have joint legal custody what are my rights in vias her secondary physical custodial.
Ellaretha Coleman
Ellaretha Coleman answered on Mar 26, 2021

Your parenting plan will determine your rights regarding physical custody.

3 Answers | Asked in Family Law for Georgia on
Q: We have had permanent guardianship for our 9 year old grandson since he was 2 years old. 7 years, our daughter has asked

Court to give her custody back, when we go to court, what can we expect

Ellaretha Coleman
Ellaretha Coleman answered on Mar 25, 2021

I strongly suggest you speak with an attorney to discuss your options before going to court unrepresented. Especially if it is your goal to maintain guardianship of your grandchild.

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1 Answer | Asked in Child Support for Georgia on
Q: can i have money in a savings account without it being taken for old child support arrears owed? I am making payments.

The child support owed is in Arkansas.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 19, 2021

You will need to contact an Arkansas attorney to determine what collection remedies are available in that state. In Georgia, if there is a judgment for the child support, that can be garnished from a bank account.

3 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Is there a law in GA if either divorced parent spends the night with their current partner it automatic custody lost?

If either divorced parent spends the night with their new partner. No cohabitation is happening. Each parent has their own address separate from their current partner. Ware county, pierce county, Brantley county.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 19, 2021

No, that is not the law.

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3 Answers | Asked in Family Law for Georgia on
Q: I had 4 children out of wedlock, about 6 years ago their father and I separated. How can I get their passports ?

I filed for child support but the they were unable to find him as well, so the case was closed. How do I apply for their passports when they require both parents present?

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2021

You can file a petition to establish sole custody which would allow for you to apply without the other parent's signature.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I'm in GA, there is a court ordered visitation schedule where I am doused to see my children every other Friday through

Monday, and every weds after school until the following morning. My ex spouse has kept the children from me since 8Aug2019. She even went as far as changing both her phone # and that of the kids. The last time I followed the order, and went to pick the kids up, I was arrested for criminal trespass.... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2021

You need to file a contempt of the current order as soon as possible. The court can even award make up time for the visitation that you have missed.

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2 Answers | Asked in Child Custody for Georgia on
Q: If a child was born out of wedlock, then later on the parents married. Would the custody rights be as if they were unwed
Ellaretha Coleman
Ellaretha Coleman answered on Mar 10, 2021

No, the marriage legitimizes the child so it is as if the child was born during the marriage. Both parents have equal custodial rights under this circumstance.

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1 Answer | Asked in Child Support for Georgia on
Q: Both ncp and I are located in Ga and he was recently served child support papers. How does he have to respond?

I gave birth to our son at the end of 2019. We ended our relationship in 2020 and he hasn't really contributed financially since then. I opened a child support case in January 2021, how long the does child support process usually take?

Ellaretha Coleman
Ellaretha Coleman answered on Mar 10, 2021

How long the process takes will depend on his response. If he acknowledges paternity right away and is a w-2 employee with regular income, it can be a fairly routine process. However, if he requests a dna test or disputes the presumptive amount of child support requested, that may delay the... Read more »

3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If a child was born out of wedlock, the parents split custody, and the mother has physical custody, can the father get

Full custody if the mother works in the adult industry? Everything is legal and the child is not exposed to it even in the slightest. Can father still take full custody just because he doesn't agree with the mothers job? As I said, the child isn't exposed to it.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 10, 2021

Not based on that fact alone. The court will consider the best interest of the child under the totality of the circumstances. Her employment alone will typically not be enough to tip the scales if it does not negatively affect the child.

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1 Answer | Asked in Family Law for Georgia on
Q: Mother has been declared incompetent by court order and a sister has been awarded both guardianship and conservatorship.

Sister will not disclose the status of Mother's assets or finances to other siblings. What legal recourse do siblings have?

Ellaretha Coleman
Ellaretha Coleman answered on Mar 7, 2021

If you have a concern that the sister may not be properly handling the estate of your sibling, you can petition the court to have that sibling removed as guardian or conservator. But it likely needs to be more than just she's not giving us information to prevail on this type of action.

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: Is there a way you can get a foster child back after one parent failed a drug test for Marijuana

Im Fictive kin of my grandchild we custody of him due to his mom having severe brain damage, And we're waiting on the father to get legitimized. my husband failed a drug test for weed

Ellaretha Coleman
Ellaretha Coleman answered on Mar 7, 2021

That will depend on the totality of the circumstances. Unfortunately, there is no automatic right to foster a child while the child is in the care of the state due to a dependency action.

2 Answers | Asked in Child Custody for Georgia on
Q: How long after a final order is issued do you have to file an amendment on final order after judgement on attorneys fee

Attorneys fees judgement issued on 2/9/21.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 7, 2021

I agree with attorney Edwards. We would recommend filing any motion for reconsideration or for new trial within 30 days. You also only have 30 days from the entry of the order to appeal the decision.

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3 Answers | Asked in Child Custody for Georgia on
Q: Which district do the children go to school? Mom with primary custody or dad with educational tie breaker?

Parents live in different counties. How far can mom move from dad’s residence without it being considered a hardship for the children? Where can the law be found by county that the children go to school in the district of the parent with primary custody

Ellaretha Coleman
Ellaretha Coleman answered on Mar 7, 2021

The children will go to school in mom's school district as that is their residential address. If you move so far away that it interferes with dad's ability to exercise his parenting time, that could be considered a material change in circumstances warranting a modification of the parenting plan.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How do I file a motion to intervene or next steps for custody of grandchild from other grandparent

My grandsons grandmother took custody from my daughter of my grandson to which I was not made a part of or privy too in the interim she has not allowed me to see my grandson although I am separate from what is going on. I am unable to come to a fair agreement with her and I have been in my... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 7, 2021

Grandparent custody and visitation cases are complicated. I would not recommend you go at this alone. You should seriously consider consulting an attorney to assist you in pursuing this.

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3 Answers | Asked in Divorce for Georgia on
Q: I am separated from my husband and is seeking a divorce. We have a son. Do I have to give him my new address?

He says it's illegal for him to not have my new address so he can see his son. I'm not denying him his son, only my new address. Am I wrong?

Ellaretha Coleman
Ellaretha Coleman answered on Mar 6, 2021

You will need to advise him of the new address. As you deserve to know where your children are when they are with him, he has the same rights.

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2 Answers | Asked in Family Law for Georgia on
Q: Can DFACS make me take my kids from their home if there was an accident which led to a bruise on a child

There has never been any violence or abuse. There is no criminal record whatsoever. Everyone has told CPS it was an accident.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 7, 2021

I agree with attorney Jordan. We would need more facts to give you an accurate answer on whether there are any grounds for this recommendation.

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