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Questions Answered by Ellaretha Coleman
4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What kind of proof do I need to get custody modified?

My son is 12 and he wants to move with me I have texted messages from him telling me he wants to live with my that his dad is drunk all the time and that he lied to the judge. I need to know what kind of evidence do I need. Also if the judge looks at passed how come he didn’t do anything about my... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 28, 2020

You have raised some valid concerns regarding dad's living situation. The court will consider the totality of the circumstances in making a determination of custody. Evidence entered in a custody case comes in many forms: photos, text messages, testimony, etc. You will need to gather as... View More

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2 Answers | Asked in Divorce for Georgia on
Q: Recently divorced judge ordered ex responsible for credit card how do I remove my name on account.

Credit card company with not take me off the account because he can't hold the account on just his credit. He refuses to close the account so I am no longer linked to it. The balance is zero at this moment

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 27, 2020

Unfortunately the credit card company does not have to honor the language in the divorce decree. You should have the order reviewed by an attorney for specific advice on what remedies you may have based on the language in the decree.

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3 Answers | Asked in Divorce for Georgia on
Q: I am breaking up with my longtime BF. He makes far more money than I do, we have lived together for over 2 years in GA.

I have helped with financial decisions home improvement and paying bills. Am I entitled to a settlement?

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 26, 2020

Not likely. Unless your name is on the property, your voluntary payments toward bills and improvement outside of a marriage will not entitle you to any ownership interest in the property.

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2 Answers | Asked in Insurance Bad Faith for Florida on
Q: What if someone reported a bike stolen and collected insurance money, but his brother is hiding the bike at his house?

Can they get in trouble for fraud?

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 25, 2020

Yes. That is insurance fraud.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can my child's (born out of wedlock) paternal grandparent, father never legitimated the child, get visitation in GA?

The child's father recently passed away and the child has not seen him or his family in 5 years.

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 25, 2020

The paternal grandparent can petition the court for visitation. The court will determine whether it is in the child's best interest to grant the visitation.

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: My husband has 3 children. The oldest is 24 and is fixing to get married. The younger two live with the oldest.

He is court ordered to pay exwife child support. Can she request back child support when the children doesnt live with her and havent in a while now?

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 25, 2020

It is very possible that he can be ordered to pay child support arrears for the time that the children were not living with the ex-wife. He should speak with an attorney regarding modifying the order if the children are now living with a third party.

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My dad died without a will. He was married to my step mom at the time. How do I get anything of my dads?
Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 24, 2020

You would need to speak with a probate attorney to discuss your options. Your next steps will greatly depend on the nature of the assets that your father left behind. My condolences on your loss.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What can we do with a child we're guardians of that the state won't take or give to the parents

About two years ago my wife became the legal guardian of her sister's son. After a while he became a handful and too much for us to handle. My wife and her sister have filled out the necessary paperwork to return guardianship but haven't heard anything these past three months. Is there... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 21, 2020

You can relinquish/terminate your guardianship. If you have already filed the necessary paperwork with the court, you can set the matter for a hearing to move the process along. I do recommend contacting an attorney to assist you with this to ensure that the child is returned to his mother and... View More

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3 Answers | Asked in Divorce for Georgia on
Q: Can i make my abusive husband leave our home. Untill divorce is settled. If i have no income and no where to go

We been married91/2 years and its been an abusive situation for at least half of that he and i bought and rebuilt this home together but only his name is on it

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 18, 2020

You can ask the court for exclusive use and possession of the home on a temporary basis in the divorce action. You may also be entitled to support. You should discuss your specific situation with a divorce attorney to determine your options.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: So my brother is 17 but he is involved with a court case saying his grandmother is his legal guardian can he move out

He is being verbal abused and possibly physically abused. I am stable and can support him

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 17, 2020

He will need the consent of his guardian to move at anytime prior to his 18th birthday.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Where am I suppose to file contempt of court in this scenario?

Custodial parent moved to another state, our custody agreement (for after the move) was filed in my (non custodial) state. She has willfully withheld my child on several occasions and I want to file a contempt petition. Do I file in my state where the order was made/filed or in the state she... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 17, 2020

You file the contempt action in the court where the order was issued.

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3 Answers | Asked in Family Law and Immigration Law for Georgia on
Q: So I just found out that my baby mama has a voluntary deportation order. I do not know when she has to leave the U.S..

I haven't went to court to obtain rights to my daughter.. Can she take my daughter with her if I tell her I'm not okay with her taking my daughter??

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 17, 2020

Yes, she can. You need to act immediately as time is of the essence. You need to file a petition for legitimation and custody. Otherwise, you have no rights to the child and she can leave the country with her.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Georgia on
Q: I just found out my children's grandmother filed a petition for dependency against me what is a petition for dependency?

What is a petition for dependency and what should I do ? My children do infact live with her because she begged me to allow them to , but her son is only the father of my oldest child yet he signed off on a birth certificate for my youngest child who isn't his , he also lives with his parents... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 16, 2020

You need to hire an attorney. A petition for dependency typically alleges that the children have been abandoned or neglected and are without a proper guardian. It can significantly affect your parental rights.

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2 Answers | Asked in Family Law for Georgia on
Q: How can I fix my daughter last name from where I was still married when I had her?

I need her to have her dads name

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 16, 2020

You can file a name change petition or the biological dad can file a legitimation action to change her last name.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: I live in Georgia, and the non custodial parent lives in Florida and i have an order stating he must pay child support.

He also has an attorney and getting paid under the table. I need help on what to do. He owes more than $22k in back support and trying to make deals, saying hell start paying 350 a month if i cancel half of the back support. Which is crazy, he lies and cant be trusted. What can i do? He puts... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 14, 2020

I agree with attorney Edwards. You are not likely to get any results until you hire an attorney and file for contempt. He can be incarcerated until he pays a significant purge payment.

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2 Answers | Asked in Divorce for Georgia on
Q: What forms Union County, Georgia requires for a non-contested divorce, no children, no assets, and cooperative spouse?
Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 14, 2020

You will need to file the petition for divorce, verification, acknowledgment of service, settlement agreement, proposed divorce decree and a consent to try in 30 days to avoid any delays in issuance of the divorce decree.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How long after child's birth does a man have to claim he is the father when his not on birth certificate

Do I have to submit to my son having a court ordered DNA when my son is almost 3

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Feb 14, 2020

Whether you will be required to submit to a DNA test will depend on the judge. Some judges will not grant a legitimation without DNA testing, but most will if there is no issue of paternity. That is where neither party is contesting that you are the biological farther. In order to establish your... View More

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: How do you find out if you're required to go to court if you have no notice or summons of it?

This is related to child support. The mother had lost custody and has regained it and immediately filed for child support. A friend called to let me know that I was on a docket for court on Monday but I have received no notice and no information about this... How do I find out what is true and what... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 12, 2020

You can check with the clerk of court where the action allegedly took place. If there was an order issued against you and you were not properly served, you need to consult an attorney to discuss having the order set aside.

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3 Answers | Asked in Family Law for Georgia on
Q: How long can my ex wife hold on to medical receipts for my daughter and still be able to collect?

My ex wife has been holding on to receipts for years and has just recently put them all together and wants me to pay in the next 10 days. She sent me all the receipts since 2017 totaling about $3300 about 2 weeks ago then had an attorney send me a letter stating that if I did not pay in 10 days... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 12, 2020

It depends on what the order states. If there is no time limit in the order, then she can hold on to them and submit them later as long as they were incurred during the time period supper was due. However, a judge is not likely to hold you in contempt under those circumstances for not paying in... View More

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3 Answers | Asked in Divorce for Georgia on
Q: Is there a income guideline to qualify for Legal Aid?

I want to file for a divorce, but I can't afford the retainer fee or any other fees.

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 12, 2020

These are county by county guidelines. You will have to apply at your specific local legal aid office to determine your eligibility for services.

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