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4 Answers | Asked in Family Law for Georgia on
Q: Can i move out of my house when i’m 17 since my parents are divorced (georgia)

my biological parents are divorced and i’m wondering if i can move out without the consent of my parent i’m living with. i won’t live any of my family it’ll be somewhere else

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 11, 2020

You will remain within your parent’s custody and control until you are 18 years of age or emancipated.

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3 Answers | Asked in Divorce for Georgia on
Q: How to locate the defendant in a divorce case when they have been separated since Sept 2015?

The parties have no minor children. Their last address before separation was 705 First Ave, Conyers, Ga 30012. The defendant, Patricia Ann Davis, DOB 9/5/??, approximate current age 65. Date of separation around 9/1/2015.

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 11, 2020

There are a number of ways to locate a party. This can be done through skip tracing or using a private investigator. However, depending on the issues to be determined in the divorce, a divorce by publication may be available. A divorce by publication does not require personal service on the... View More

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3 Answers | Asked in Divorce and Child Custody for Georgia on
Q: Can a father get primary joint custody if he was not primary on medical insurance and works out of town?
Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 9, 2020

That will depend on the totality of the circumstances. The court will consider several factors in determining the best interest of the child to assign a primary physical custodian. Contested custody cases are complex matters. You should speak with a family law firm to discuss the specific facts... View More

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3 Answers | Asked in Divorce for Georgia on
Q: Once a spouse has been served can the other spouse counter sue plaintiff.
Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 8, 2020

The respondent in a divorce can counterclaim for divorce.

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3 Answers | Asked in Family Law for Georgia on
Q: My daughter has been living with me and my mother for the past two years,and I've still been paying her child support.
Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 7, 2020

You need to file a petition for custody. If there is already a custody order, you would need to file a modification of custody action. If there is no present custody order and you were never married to the mother, you will need to petition for legitimation and custody to change custody to you and... View More

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2 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: Will there be a problem if i filed for a waiver previously due to domestic violence but later sent supporting document

to update filing to joint filing.like attestation from friends, pictures, document from the state court etc proving that we are back together and able to resolve issues.

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 6, 2020

Your question is unclear as to what type of problem you are inquiring about.

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2 Answers | Asked in Adoption and Family Law for Georgia on
Q: What can you do about coercive adoptive parents? Things didn’t turn out how they promised.

If a married couple adopts a child; promising the birth mother that she will be involved in her child’s life, and afterwards not following through or even wanting a relationship with the birth mother is that coercion? What can she do legally?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Feb 6, 2020

Whether you have any grounds to overturn the adoption would depend on the specifics facts of your case. There is not enough information in your inquiry to determine that. I suggest you speak to a family law firm to determine your options.

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2 Answers | Asked in Consumer Law for Georgia on
Q: Can I get a refund on a down payment made for a head stone at a unmarked grave in a Colorado cemetery.

The close family of the man buried there does not want a stone to mark his grave. My wife did not know that at the time and did not know how to contact any close relatives still living. Her mother was the one who wanted the stone marker and it was to be a gift to her.

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 6, 2020

You would need to discuss the viability of any claim against a Colorado cemetery or grave marker retailer with an attorney licensed on Colorado.

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2 Answers | Asked in Family Law for Georgia on
Q: What document should be used to commence a divorce action?Is it under a Georgia state statute?
Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 5, 2020

To commence the divorce action, you will need to file a Complaint for Divorce.

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2 Answers | Asked in Family Law for Georgia on
Q: If my son's father and I married after he was born is he legitimate?

We live in Georgia.

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 5, 2020

Yes.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Is it legal to completely take a mothers rights while incarcerated bc court and jail did not transport mother to hearing

I was served papers in Wayne County jail for court and was told by wcj that glynn county would be in charge of transportation to court and back and was never picked up for court and was never shown any documents from said hearing. Was told by the father I lost all rights including phone privileges.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Feb 3, 2020

Without knowing all of the circumstances of your case, we are unable to give you an accurate answer. This is a situation that you should consult with an attorney on to determine your best options for restoring your custodial rights.

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3 Answers | Asked in Internet Law and Family Law for Georgia on
Q: dad here in GA, mom has blocked all communication because shes angry, trying to ligetamate them

is it legal to completely keep me from even speaking to them?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 31, 2020

Until you obtain an order of legitimation, you unfortunately have no custodial rights. Therefore, it is legal for mom to cut off all communication. You should seek legal counsel to complete the legitimation process to avoid this continuing or happening in the future.

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2 Answers | Asked in Divorce for Georgia on
Q: When I file divorce papers do I file the service by publication and the affidavit of due diligence at the same time

Husband was deported and can not locate him

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 30, 2020

Yes, you can file these documents at the same time. However, you will need to obtain an order of publication to perfect service through publication.

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4 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: If i have a 12 mo TPO on someone and it covers our child, before TPO & when TPO was issued father was not legitimized.

He has since legitimized the child but NO visitation has been established. Will a court overturn the TPO covering the child to establish visitation if he has harassed mom and done things in front of the child and never had any visitation what so ever/ the child is 7 years old.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 30, 2020

This is going to be a fact specific issue. If there are no violent acts against the child, the terms of the TPO may be modified to allow visitation.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: If a child is 15 and pregnant in the state of Georgia will she be considered an adult after giving birth?

Will she also have to give up guardianship of her child after he or she is born

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 29, 2020

No, the child will not be considered an adult. Her age alone will not require her to give up guardianship of the child.

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2 Answers | Asked in Child Custody, Child Support, Civil Rights and Family Law for Georgia on
Q: In GA, why is custody interference considered a civil issue when the statute clearly states otherwise?

I'm in Forsyth County and this ongoing issue and the sherriffs dept not enforcing our parenting plan, has led to severe damage to our child, alienation from me, emotional, psychological and more legal and financial strain and abuse (control) due to me filing contempt. He suesxme for custody.... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 28, 2020

Whether an officer elects to file a charge for criminal interference with custody is unfortunately a case by case decision. Another option that you have is to file a warrant application for the interference, which will put that decision before a judge to determine whether there is probable cause... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How can I start the process of signing rights away when both (l) custodial mother and absent father agree?

He has never been active in childs life, and does not want to be. There was a positive paternity test from dfcs, but he never acknowledged it. How can we get his rights signed over so my partner can eventually adopt my child? Never married, no child support involved.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 28, 2020

You will likely need to be moving forward with the step-parent adoption process for a judge to sign off on the voluntary termination of rights. Most judges will not sign off on the voluntary termination without a substitute parent to step in. You should consult with an attorney to discuss your... View More

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2 Answers | Asked in Family Law for Georgia on
Q: How do I get these charges gone and our family together again?

Me and my husband got in an argument on Friday and it got a little out of hand and the police were called and they took him to jail for child cruelty and family violence for arguing in front of our kids. He is not a bad man at all weve been under a lot of stress and hes been so worried about losing... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 28, 2020

I agree with my colleague. Once the state has picked up the case and pursued charges, you may not be able to simply dismiss your complaint against him. Your husband is going to need a criminal attorney to dispute the charges.

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My wife left Aug26/19 took our son to Florida now SC won’t let me see him blocks me I want to work it out what to do

I want to work it out but she says no if I talk about it she blocks me as punishment saying I’m harassing her she says I’m emotionally abusive but I want to be around my son but I don’t want a divorce cause it goes against my religious beliefs it does what can I do to see my son without a... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 28, 2020

You can file a petition for separate maintenance to determine the custody and time sharing issues between you and your spouse.

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