Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Ellaretha Coleman
4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I'd like to get a consultation on obtaining legal custody of my son.

Hello,

I'd like to get a consultation on obtaining legal custody of my son. He lives with his mother (my ex-wife) and stepdad. My ex-wife has an alcohol addiction. Last October she got into a car accident while being drunk. She was in a rehab all December but she started drinking as... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 12, 2020

You need to file a modification action immediately given these circumstances. If there are genuine issues of safety with the minor child, you may be eligible for an emergency hearing as well. We are here to help if you need it. (404) 525-3080 ejoneslaw.com

View More Answers

3 Answers | Asked in Child Custody and Divorce for Georgia on
Q: can i terminate biological mothers rights that has been gone and out of the picture for 15 months and get divorced
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 11, 2020

Whether a termination of rights is appropriate is extremely fact specific. The simple fact that she has not been involved for 15 months alone is typically not going to be enough to move forward on a termination of her parental rights. However, that may give rise to a claim for sole legal and... View More

View More Answers

2 Answers | Asked in Child Custody for Georgia on
Q: MY wife left with our 3 year son. What are my options?

MY wife left with our 3 year old son. What are my legal options?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 11, 2020

I agree with my colleague. You will need to file a divorce action to establish a parenting time schedule.

View More Answers

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What happens if the opposing attorney does not respond back to your attorney?
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 10, 2020

It would depend on the specific circumstances of the request or communication. More facts would be needed to adequately answer your question.

View More Answers

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: What do I do in this situation.

My divorce case was settled months ago and the other party was ordered to pay my legal fees “directly to the firm” not through me for reimbursement. The other party refuses to pay and will not tell me their new address. I am being billed over $500 and counting just for the firm communicating... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 10, 2020

Your retainer agreement likely still holds you responsible for the billing even though there is an order for the other party to pay. This is pretty common to protect the firm in the case where, like here, the other party is refusing to abide by the order.

View More Answers

3 Answers | Asked in Adoption and Family Law for Georgia on
Q: i'm 16, and i'm adopted. I was placed on abeyance kind of like probation!! Can i go live with my birth mother?
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 10, 2020

If you were legally adopted, your biological mother's rights would have been terminated and she would have no custodial rights to you. You would not be able to live with your biological mother without the consent of your adoptive parents.

View More Answers

2 Answers | Asked in Civil Litigation and Divorce for Georgia on
Q: Is there case law that states a parent has to let the child(ren) participate in extracurricular activities during visiti

My ex never lived in state and never made decisions. Now he’s refusing to take our children to their activities during his time and it’s showing then they don’t have to honor commitments or follow through with responsibilities.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 9, 2020

That will depend on the language of the parenting plan. You should have your final order reviewed by an attorney to discuss your options.

View More Answers

1 Answer | Asked in Family Law for Georgia on
Q: my son cannot see his what are grand parents rights
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 9, 2020

Grandparents rights can be difficult to secure in Georgia. You should discuss the specific circumstances of your case with an attorney to determine your best options.

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: What methods does Georgia provide for enforcement of alimony and child support orders? What is the state statute?
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 8, 2020

You can pursue enforcement of the order through a contempt action.

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: husband is georgia resident; wife is permanent resident - born Uzbekistan location unknown for 10 years;

Married in Uzbekistan. separated for 10 years and wife's whereabouts are unknown. Marriage license is lost. How do you get a divorce under those circumstances?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 7, 2020

You may qualify for a divorce by publication. You should consult with a experienced divorce firm to explore your options.

View More Answers

2 Answers | Asked in Family Law for Georgia on
Q: My daughter from my current marriage has asthma. I pay child support to my ex for my 16 year old, if we go back to cour

For Any reason will the child support be adjusted due to my daughter having this medical condition? My insurance does not cover her medicine and Her medicine is about $250 a

Month and she has current attack which she has to be taking to the urgent care or ER more often to be treatment and... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 6, 2020

Extraordinary medical expenses can be factored into a new child support order.

View More Answers

2 Answers | Asked in Divorce for Georgia on
Q: Applied in cook but married in colquitt is our marriage legal? She wants a divorce.
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 6, 2020

In Georgia, you are not required to get married in the same county that your application for marriage license was submitted.

View More Answers

3 Answers | Asked in Family Law for Georgia on
Q: Is it possible for someone to take me to court in superior court if I have a court case already in Juvenile court

I have a Juvenile court case in Douglasville Ga I am trying to get my 8 year old son back I got my daughter and granddaughter back already but there is a court Date on 04/20/20 for the return of my son but my mother went and got a lawyer and filed for full custody in superior court date has been... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 5, 2020

Yes, a custody action can be filed in Superior Court while a juvenile case is pending.

View More Answers

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What form do I need to fill out to voluntarily terminate my parental rights?
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 5, 2020

There is no form to fill out to voluntarily terminate your parental rights unless someone is stepping in to do a step-parent adoption.

View More Answers

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: How to modify or drop TPO against my husband?

I got a TPO in july. Its 1yr long but my husband is in jail and has been for 4 months. Our tpo will be over in july but hes getting out soon and I want to be able to see him, can a judge modify it to let me see him some since I dont think he will just dismiss the TPO.. ??

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 2, 2020

You will need to file a request to dismiss the TPO. You also need to be certain that the terms of his release do not also contain a stay away provision restricting contact with you.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My grandma passd and left me as beneficiary to a few ira accounts and she have greedy friends not of ken whats my rights

I am beneficiary to like 3 high priced accounts and she has "friends" that came for her or for her bf and it aint goin smooth they tryng to keep me away from her cpu and all saying grandma didn't trust me but that's ot true.. How do i take.control here and make them.leave

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 2, 2020

You need to contact a probate attorney to resolve her estate.

View More Answers

3 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Can a police officer question a three year old at school? He picked up a bag of weed and gave it to the teacher

He picked up a bag of weed off the ground and the police was called before the parent. The school still notify the parent the parent found out when she ran into a teacher at the store. Saying the police told her not to call the parent.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Mar 2, 2020

Yes, an officer can question your child at school without notifying you.

View More Answers

3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: What can I do to keep this guy that took advantage of me away from my baby husband and myself.

Not sure If the child I’m carrying is his or not but I don’t want him to have nothing to do with my baby. Especially since he took advantage of me. He won’t admit it but he did say he was either drunk or high

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Feb 29, 2020

If the child is born during your marriage, your husband will be the child's legal father. If the other man is the biological father, he will have no rights to the child unless he files a legitimation action and successfully delegitimize your husband.

View More Answers

4 Answers | Asked in Divorce for Georgia on
Q: Is adultery still illegal in the year of 2020
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Feb 28, 2020

It's still on the books, but no one is prosecuting for adultery. However, depending on the issues of divorce, proven adultery can be used against a party in a divorce case.

View More Answers

2 Answers | Asked in Family Law for Georgia on
Q: I'm Kevin and been divorced for 12 years. I have two daughters whom I've seen probably 7 or so times.

So you have questions right? Well me to! Like why my ex does anything she wants and I'm the one paying. Not only am I paying more in support than I am supposed to now my ex wife is hinting around I better keep paying until both our daughters are through with college. When you learn the... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Feb 28, 2020

It sounds like you've had a rough go at it. I'm sorry you went through all of that. In the divorce case, there should have been a parenting plan issued establishing your parenting time with your daughters. The final decree should have also established the period of time that you are... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.