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2 Answers | Asked in Family Law and Adoption for Georgia on
Q: My daughter wants to be adopted by my husband who has raised her. She's not been legit by her bio. Is adoption possible?

Bio dad pays child support but doesn't check on child or attempt to be a decent dad. My daughter has not been legitimized by her bio father. Is name change or adoption possible?

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 11, 2020

A number of factors go into whether or not a step-parent adoption will be granted. I highly recommend that you speak with an experienced family law attorney to discuss the specific facts of your case to determine whether a step-parent adoption would be appropriate in your case.

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2 Answers | Asked in Domestic Violence for Georgia on
Q: Can I make a police report on my husband after we made up a story to the er? I had broken bones, and was afraid of him.

My husband beat me and broke my ribs. We went to the er because I was in extreme pain and having a hard time breathing. We made up a story that I fell because I was afraid of the repercussions. He never left me alone with the doctor to be sure I wouldn’t tell the truth. I’m now safe from him... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 12, 2020

I share colleague. You should file both a police report and protective order.

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3 Answers | Asked in Family Law for Georgia on
Q: Will the court allow me to legitimate my biological child if the mother is married to someone else?

I had an affair with a married woman and she became pregnant. She is still with her husband and the child is 1.

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 10, 2020

This is a very complicated issue because the husband is presumed to be the legal father of the child. You will need to de-legitimize the husband. You should seek counsel to do this. The longer you wait, and the longer the husband has to build a bonded relationship with this child, the more... View More

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1 Answer | Asked in Family Law for Georgia on
Q: will DFCS take my kids from me if I drop a tpo?

Its very stressful to not be able to be in contact esp about the kids & also that they cant see him. I am also expecting our third child. Can things be modified in court? I am scared if I drop it thy will take my kids.

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 10, 2020

You can ask that the tpo be modified to allow contact with the children and to limit your contact to only issues involving the children. Whether DFCS has a reason to take the children will depend on the specific facts of your case.

1 Answer | Asked in Family Law for Georgia on
Q: Currently have temp guardianship of granddaughter. mother lives in Oregon, father here in Ga. We have had her for 2 year

What are the chances of getting permanent guardianship?

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 10, 2020

We would need more facts regarding the circumstances which lead to the guardianship to give an accurate answer. If you are looking to weigh your options for permanent guardianship, you should consult with a family law firm and have them review your current orders and the facts of your case.

2 Answers | Asked in Adoption and Family Law for Georgia on
Q: Can adoption be reversed by any chance in Georgia if one of the parties involved are not biding by the contract

The adoption through an adoption agency

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 10, 2020

I agree there are not enough facts here to give you a substantive answer.

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4 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: in the state of georgia can the mother leave the state with my child if he's not legitimize and we have an open case

I've been trying to serve the mother of my child to legitimize him & she has been dodging me, not providing certain info like what daycare he was going to or address. Now she tells me that she is in Texas, still with no address, while I'm still payment child support & trying to... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 10, 2020

I agree with both of my colleagues. The father has no custodial rights until a legitimation order is signed. If she has not been served, there are no restrictions on her leaving the state with the child.

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3 Answers | Asked in Family Law for Georgia on
Q: I filed a motion to modify a protective order in GA The judge granted my wishes but says there is another form I need?

What is the other form I need to file other than the motion to modify?

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 9, 2020

Without knowing exactly what you filed and what has been put in the record, we are unable to answer that question.

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3 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Unmarried to the father of my daughter and we are splitting up. How would I go about getting child support?

No custody order but willing to do visitation every other weekend and share holidays.

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 8, 2020

You can either file for child support through child support services or file a paternity action to establish child support.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I wanted to know what the laws are for unmarried parents in the state of Georgia.

He did legitimize her at the hospital by signing a form but that's it. I am willing to work with him and give every other weekend and share holidays and breaks in school but is there any way I can get the agreement in writing without going to court? I know with divorcing parents it is... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 8, 2020

The only way to have an enforceable parenting plan agreement is through a legitimation or paternity action in court. However, you are free to give him whatever parenting time you wish in the absence of a court order.

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2 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: If you are out of jail on bond, for aggravated stalking, are you allowed to use YOUTUBE to send message to the victim?

The judge during the bonding out hearing, told him to stay off ALL social media, but he has developed a YOUTUBE thing, so send me messages, apologizing and asking me to come back. He was only supposed to be allowed to have his manager post things ( he thinks he is a singer/songwriter) but he is... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 8, 2020

Any contact, even through social media or a third party, would likely violate his bond conditions or a protective order. As recommended by my colleague, you should report this contact to law enforcement.

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3 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: Why would the judge do this?

I was the victim of a domestic. Originally my husband was charged with simple battery and domestic assault both misdemeanors. And the judge changed the charges to felonies. I put in a TPO today and got divorce papers BUT I dont want him to spend 20 plus years in jail.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 7, 2020

There could be a number of reasons that the case was upgraded to a felony. If the injuries are severe, the charge can be upgraded. The charge can also be upgraded if this is not the first domestic violence charge with the same victim.

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2 Answers | Asked in Family Law for Georgia on
Q: My son gave me temporary guardianship of my six year old grand daughter. Last year when he pulled her out of school in

Last year I had her in sunny Carter no missed days or tardis he put her in twigs county in October where she had 17 absence and many tardis from October to January. Have never gotten any support from either parent the whole time. No contact from mom or dad in four months. What can I do to stop... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 4, 2020

There are a number of things that you may be able do to try to secure legal custody of your grandchild. You need to consult with an attorney to get more specific facts on your case to determine your options.

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3 Answers | Asked in Family Law for Georgia on
Q: My child lives with me and he just graduated HS he is also 18. Do I still need to continue paying for his braces since

He is an adult with a job? Can he take over the payments for his braces?

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 4, 2020

If the contract for the braces was signed by and entered into by you, then you are still contractually responsible to the medical provider.

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3 Answers | Asked in Family Law for Georgia on
Q: I paid child support for 17 year on a child that I found out thur DNA test that she isn't mines . How get my money back

How I get my money bac from the mother

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 4, 2020

You will not be able to recover the monies that you have already paid for child support. Given the age of the child, depending on how long it has been since paternity has been established, you may not be successful in setting aside paternity either. The court will look at the best interest of the... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What can I do to advance this process, and live with my mom?

Okay, so I am 17, and from Georgia. I currently leave with my stepmom and my dad. I want to leave with my birth mom, and step dad in Nebraska. Can I move in with her if she gets a lawyer and I tell the Judge I want to live with her? What are the steps that I need to take?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 4, 2020

I agree with my colleague. Provided they can not establish that your birth mom and step dad are unfit to have custody, the court will generally honor your election to live with your mother.

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3 Answers | Asked in Family Law for Georgia on
Q: The judge is asking me to state why legitimation is appropriate - fitness of the father

And why is legitimization in the best interest of the child .. my question is is how do I go about responding to this in a letter?...and if you need more details about my case please explain...i typed out exactly what the judge said..i just need to know how to go about responding?...do i write a... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 1, 2020

It is difficult to answer this question without more facts regarding your case. Generally, you are going to be answering why you think that it is best for the child to have the father as a regular participant in their life.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am estranged from my husband. My vehicle is in his name, he is wanting to take the car and turn it in.

Leaving me with no transportation, although he has a car and truck.

I am on disability and cannot afford the payments on my own. What are my rights/options legally?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 31, 2019

Until a divorce is filed, there is nothing in place to prohibit him from turning in the vehicle. You should consult with an attorney to discuss the specific details of your case. If you can not afford an attorney, you may qualify for services through your local legal aid office. Unfortunately,... View More

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2 Answers | Asked in Family Law for Georgia on
Q: Mother of my son temp signed over guardianship without my permission what do I do?

My sons mother joined the navy upon joining she had to fill out her family care plan which makes her choose a temporary guardian while shes at training and deployment etc. According to the family care plan I was supposed to be notified so that I would have the chance to reject who she chose and... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 31, 2019

You need to retain counsel and file for temporary custody of your child. It is not kidnapping, since the primary custodian has given permission for the child to be with the relatives. However, you stand in a superior position as a parent to seek primary custody.

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2 Answers | Asked in Divorce for Georgia on
Q: I've got my divorce papers ready to be signed, we both agree on Everything, we have nothing to fight over .

1 child that we have made an agreement upon, this will be Uncontested.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 31, 2019

I am unclear on what your question is. Even if the divorce is uncontested, you must still ensure that you have all of the required documents that need to be filed with the court to obtain your final divorce decree. If there is a child, you will need a child support worksheet, child support... View More

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