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Questions Answered by Ellaretha Coleman
2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: How many days is a 15 year old reported runaway considered disappeared/missing???

My 15 year old cousins mom filed a runaway report on September 26. We the family yet have to believe she had to do something with his disappearance but police wont do anything because she filed the report as a runaway..

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 3, 2019

There is no set number of days. Whether law enforcement considers a person missing will depend on the specific facts of each case.

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Is it standard procedure for Judge to assign an ad litem when moving to appoint a new conservator of minor's estate?

My niece (a minor) has an estate from my brother's wrongful death. Court named my dad as Trustee, and her mother as Conservator in 2007. Fast forward, mother lost parental rights 2014. Trustee been handling property last several years alone. Mother voluntarily withdraws as conservator 2019 to... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 3, 2019

It is not unusual for a judge to appoint a guardian ad litem under these circumstances.

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3 Answers | Asked in Family Law for Georgia on
Q: Is it worth getting a modification to take my 18 yr old off child support when I have another 16 yrs old
Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 3, 2019

That will depend on your and the other parent's current income. A new child support order will be calculated based on the current incomes and may or may not be lower than your current support.

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3 Answers | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: divorce/child support/custody

my son is in jail currently in douglas cty georgia, his wife served him with divorce papers in jail, asking for child support, him to cover all insurance (medical, dental, life) and him to pay anything not covered by insurance, but also saying she wants him to agree to zero contact with the child .... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 7, 2019

Even if he is not represented by an attorney, he still needs to file an answer to the complaint for divorce. Otherwise, the court may make a ruling without notice to him or his involvement.

His answer to the complaint will need to be filed with the court and a copy mailed to his wife.

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2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Georgia on
Q: If my spouse and I purchased a home while married, however separated but not legally, my name is not on the loan or deed

And my spouse dies before divorce, am I responsible for property?

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 4, 2019

If only your spouse's name is on the loan, you do not have a contractual obligation to pay the debt on the home.

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3 Answers | Asked in Family Law, Child Custody and Civil Rights for Georgia on
Q: What do I file to get all evidence to the judge for her to look over before the trial, or do I just need to make copies
Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 3, 2019

You can not submit your evidence to the judge prior to trial. In order for the judge to consider your evidence, it has to be properly introduced during your hearing pursuant to the rules of evidence.

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4 Answers | Asked in Divorce, Family Law and Immigration Law for Georgia on
Q: Divorcing (found husband texting inappropriately) with an open i175 immigration case, what type of lawyer needed?

Both?

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 4, 2019

You should consult with both a divorce attorney and immigration attorney to discuss your options.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Does child support go based and the household income or parents income?
Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 7, 2019

Only the parents income is considered for purposes of establishing child support.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can CPS make my hsbd pay cs to his daughters uncle if there is no existing order and hes filed for legitimacy/custody?

Filed Aug 17th ..Havent got a court date since we filed and its been over a month. Now cps is calling a meeting and dna test tomorrow. Child was place w maternal uncle by cps bc mother is mentally unstable to say the least and abuses drugs. She has an older sister as well, that doesn't belong... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Sep 26, 2019

As long as the child is in care, the department can seek financial support from the biological parents. Your husband should consult legal counsel to determine his options to have the child placed in his care.

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3 Answers | Asked in Family Law for Georgia on
Q: Is a signed parental agreement form valid if signed and notarized but not documented by court?

Never married or legitimated

My son is 14

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 25, 2019

No. For the agreement to be enforceable, it has o be reduced to a court order.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am not sure what type of lawyer that I need but I am trying to reposition my divorce decree.

I had an uncontested divorce in which none of my debt was included and my ex made 3 times my base pay during the time of the divorce. Since the divorce I have not been able to get back on my feet financially.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Oct 7, 2019

Unfortunately, you are not able to modify the terms of the divorce related to debts after the divorce has been finalized.

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3 Answers | Asked in Divorce for Georgia on
Q: I live in GA. I want to file for divorce. My husband is an alcoholic and he abuses me emotionally and verbally

I cannot afford an attorney, we have a house and about $50,000 in debts. do I qualify for any kind of legal aid?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Oct 7, 2019

You will need to apply for services directly with the legal aid office in your county to determine if you qualify for services.

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3 Answers | Asked in Divorce for Georgia on
Q: Settlement has a waiver of alimony mods that references Varn vs. Varn. Ex wants to modify after 4 yrs. Can she do this?

I just made the last of the required 48 monthly payments. Divorce was in Paulding County, Georgia. All settlement provisions have been followed. Doesn't the specific waiver of alimony modification referencing Varn vs. Varn prevent her from going back to court for more payments? I gave hr 4... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 8, 2019

You should consult with an experienced divorce attorney who can review your settlement agreement as well as any modification action you have been served with to determine your options.

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Do I as paternal grandmother have legal standing to file an original petition for change of custody?

Father never legitimated, but paternity was established via a signed paternity affidavit from both parents. In addition, child support enforcement also generated a paternity establishment via their administrative court proceedings. I have lived in Ga with child over 6 years. Neither parent lives in... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 30, 2019

Yes, you have standing to file a petition for custody.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: I'm trying to get a modification of a child support order, and would like to know if I have everything needed to proceed

I have done the child support addendum, and also the worksheet.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 29, 2019

Filing a modification of child support is more detailed than just presenting a child support worksheet and addendum. It often requires the exchange of updated financial documents. You should consider at least consulting with an attorney to discuss your options.

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: How do I file for medical expenses?

My son was born in April 2018.

We recently finished custody court.

I filed for child support in October 2018, in Georgia. They lost the DNA test, I had to take him back again, prolonging the process.....and they are just now finalizing it, IN JULY, I haven’t received any payments... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 28, 2019

You are going to continue to be at a disadvantage proceeding without counsel. The judge is not going to be able to advise you on how to proceed with your case and which laws apply in your action. If the expenses are from the birth of your child, they are typically reimbursable, however, you need... View More

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2 Answers | Asked in Domestic Violence and Family Law for Georgia on
Q: Can a father legitimize a child without the mothers consent and when there is a premenant protection order?

The order includes the child and gives the mother full custody.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 26, 2019

Yes, a legitimation petition can still be filed and depending on the circumstances of the protective order, can still be granted. You should speak with an attorney as soon as possible to determine your options for having the protective order modified as it relates to contact with the child.

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2 Answers | Asked in Family Law for Georgia on
Q: WHAT I CAN DO ABOUT MY 5YR OLD GRANDSON THAT HAS BEEN WITH ME FOR OVER YR AND A HALF AND HIS MOTHER CAME TOOK HIM

MYSELF AND HIS DAD ENROLLED HIM IN SCHOOL AGAIN THIS YR THE MOTHER OUT OF NOWHERE WENT TO TRY GET HIM OUT EARLY SCHOOL WOULD NOT LET HER TAKE HIM BECAUSE SHE IS NOT ON HIS PAPERWORK BUT HAS ALSO ENROLLED HIM ANOTHER COUNTY SCHOOL WITHOUT DISENROLLING HIM FIRST BUT SHE CANT DO THAT EITHER BECAUSE... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 20, 2019

If there is a current custody order that she is in violation of, your son would need to file a contempt action against his former wife. Additionally, he needs to consider filing a modification of custody action if prior to this stunt mother has not seen the child in a year.

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2 Answers | Asked in Family Law for Georgia on
Q: advice on my 5yr old grandon that has been in MY care over yr and a half and his mother took him refuses to bring him bc

he does not want to be with her she went to his school on the first day and attempted to check him out but school wouldnt let her have him since it was myself and his father that enrolled him she was not on any paperwork but the same afternoon she showed up out of the blue supposedly to bring his... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 19, 2019

If the parents were never married, unfortunately only the biological mother has rights to the child. Your son should consult with an attorney immediately to move forward with filing a legitimation action to establish his custodial rights. I am assuming this has not previously been done as there is... View More

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2 Answers | Asked in Family Law for Georgia on
Q: Can I change my two year old's first and middle names if he shares a name with his father (II & III)?

I ask with the assumption my son's father will be convicted of charges he has received, including four felonies (aggravated assault - firearm) and two DUI's. We were married at the time of birth. We are in GA.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 19, 2019

You will need to either get the permission of the father or serve him as a respondent in the name change petition as he is the child's legal father.

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