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2 Answers | Asked in Divorce for Georgia on
Q: I came across this page, threw legal aid, meaning I don't have the cash as of now for the divorce but desperately seekin

I really need to get divorced

Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 31, 2019

Unfortunately, this site is not a substitute for legal counsel. If you are unable to afford counsel, you should apply with legal aid to see if an attorney may be appointed to you. There are also other services that offer low cost or pro bono family law services.

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3 Answers | Asked in Family Law for Georgia on
Q: Can a father who is on the birth certificate take his child with out getting in trouble?
Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 31, 2019

No. Until the father obtains an order of legitimation, he has no rights to custody or visitation. His ability to visit with the child is within the sole discretion of the mother.

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2 Answers | Asked in Consumer Law, Contracts and Family Law for Georgia on
Q: I'm the primary on an auto loan my boyfriend was the cosigner when we broke up he took the truck as I am the primary

Owner how can I get my truck back he pays late every month

Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 31, 2019

If you are both signors on the loan, you have equal rights to the vehicle. You will need to pursue him civilly to enforce the terms of the loan or to regain possession of the vehicle.

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3 Answers | Asked in Criminal Law, Family Law and Child Custody for Georgia on
Q: Can CPS take your kids for living with a parolee
Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 29, 2019

That depends. If it is found that the children are in a state of dependency, the children can be removed from the home. Living with a parolee, in and of itself, is not a basis to remove the children from the home. However, some circumstances may inherently jeopardize the children, for instance if... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Georgia on
Q: Can I leave out of state with my kids if I'm being mentally and financially abused in my marriage?

Will it be seen as kidnapping and will it be held against me in divorce court later on? Or will it be seen as a good thing that I got myself and children out of that situation? My only reasoning for leaving the state we currently live in is because my family lives out of state and I have no one... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 29, 2019

It could possibly be held against you if you remove the children from the state in anticipation of a divorce. You should seriously consider consulting with an experienced family law attorney to discuss your options and best strategy before doing this.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: can i file for child support before the baby is born in ga?
Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 28, 2019

You will need to wait until the child is born to establish a child support order. In Georgia, a non-custodian's obligation to pay does not start until the child is born.

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3 Answers | Asked in Family Law for Georgia on
Q: Can grandparents force their grandchild to go to college? Is there a way to get a court order to stop them from doing it
Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 28, 2019

The choice to attend college belongs solely to the student.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If the paternal father is keeping the child from its mother, is the mother within her right to take her child from him?

The couple never married, and there is no custody agreement in place The paternal father will not disclose the whereabouts of her children The paternal father allows her to speak to her children contingent on her sending him money there is no child support agreement in place.

Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 28, 2019

I agree with my colleague. We would need to know whether the father has legally been established as the legal father through either marriage or a prior legitimation action to determine both parties rights under these circumstances.

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I am a resident of Georgia. My question is regarding child custody and legal weight of a DFACS "safety plan".

My family was evicted 2 weeks ago. During this time someone reported drug use in the home. A DFACS caseworker told me that upon finding that the child wasn't living at the potentially unsafe location, their involvement should have ended. However DFACS pursued this and made contact with my... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 22, 2019

A safety plan is not an order that changes custody. However, you need to speak with an experienced dependency attorney. DFCS may be in the process of filing a dependency case against you or may move forward with doing so if you object to the safety plan.

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4 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Could I cut off contact if my ex husband is bringing mental damage to my kids and I?

We do have a court order/ divorce decree for him to contact the kids. But my ex hasn’t been contacting the kids or picking them up for visitation. So when he does contact the kids it brings the kids into a spiral breakdown where crying is happening and they asking where their dad and why their... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 19, 2019

No, you can not unilaterally cut off contact. You will need to file a modification action is dad's actions are causing harm to the children.

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4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What is Georgia state statutes relevant to parental rights?

Relevant to International parental abduction, interference with custody, wrongful retaining of minor in another country.

Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 19, 2019

What information are you seeking specifically to parental rights? There are several statutes that address custody and parental rights.

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3 Answers | Asked in Family Law for Georgia on
Q: Can I sue my siblings to help me take care of our mother who had a stroke and half paralyzed with no income or ins
Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 19, 2019

No. There is no legal obligation for an adult child to care for their adult parent, unless they have been appointed guardian or conservator.

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2 Answers | Asked in Domestic Violence for Georgia on
Q: The police press charges after the victim said she does not want charges to be pressed
Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 12, 2020

Based on the evidence obtained during their investigation, the state can still pursue criminal charges even if the alleged victim does not want to move forward.

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3 Answers | Asked in Family Law for Georgia on
Q: Can a 13yr old leave parents and live with grandmother if she doesn't want to live with parents

13yr old is babysitter to 6yr old sibling blamed for everything he does and is physically,mentally and verbally abused by both parents

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 19, 2019

I agree with my colleague, Mr. Jordan. If there is a belief that the child is being abused, it should be reported to the Department of Children and Family Services. Additionally, the grandparent may have grounds to file a third party custody action to obtain custody of the child. The child can... View More

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3 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Can I file for divorce and child support myself in Georgia?

My husband and I got married over 4 yrs ago in Tennessee but my son and I reside in Georgia now. I'm on disability and I cant afford counsel but it's time to get on with our life. I also wondered if I could file for alimony by myself also. I haven't heard from my husband in over a... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 14, 2019

There’s no requirement that you have an attorney to file for divorce. The benefit of being represented by counsel is the experience and knowledge that an attorney brings to help you achieve your goals in your legal matter. From your post, you have what may be some very complex issues. If you can... View More

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2 Answers | Asked in Family Law and Trademark for Georgia on
Q: Fathers legal rights were taken away do I still need to have consent to change my daughter's last name?

My divorce was final 4 years ago after my ex husbands arrest. In my divorce decree his rights were taken away and no contact with put in order. he was convicted and sentenced to 30 years in prison. I did not Want my last name different than my daughter's, now she is 13 and would like to... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 11, 2019

We would need to review the language in your divorce decree to determine whether you would need his consent to change the name. I would recommend you schedule a consultation with an experienced family law attorney to discuss your specific situation.

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2 Answers | Asked in Child Support, Divorce, Family Law and Legal Malpractice for Georgia on
Q: There's a mistake on my final divorce decree is it still Legal it's a written mistake

I was unable to get a lawyer I've been a stay at home mom since I was 6mo prego our son is 3 he filed I couldn't afford council so he was awarded primary custody we have joint custody there was mental verbal emotional and some physical abuse and he cheated and I have proof of everything... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 11, 2019

A mistake as to the date you were served the original petition would not likely warrant a set aside of the divorce decree. However, to obtain a definitive answer to your specific situation, you should consult with an attorney who can review your decree and discuss your options with you.

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3 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: If both parents are fine with joint legal and physical custody, will there still be a child support declaration?

We coparent just fine in my opinion and we spend the same amount of time and money with our children wether separate or together.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 10, 2019

Possibly. If there is a disparity of income between the parties, there may still be a child support order.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father died over 4 years ago, my sisters and I was contacted by a law firm in writing telling us to file paperwork,

with the local probate court for his house.

Has too much time passed for us to claim the home?

How long do we have to file the paperwork?

He did not have a Will and there are three of us. One of us will not be able to sign the documents the courts want us to sign until next year.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 5, 2019

You need to consult with a probate attorney to determine your options at this point.

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How can I get Guardianship of my nephew if my sister gives her consent? And if she refuses?

I believe my sister is neglecting her three year old son, and can provide witnesses to several events showing neglect, including leaving him in a car while she went into the store, him running around outside with a knife he got from the kitchen unsupervised, and the person who found him called for... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 5, 2019

You may be able to file a private dependency action or a third party custody action. You should consult with an experienced attorney to determine what option is best under the specific circumstances.

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