Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ellaretha Coleman
3 Answers | Asked in Child Custody for Georgia on
Q: Which district do the children go to school? Mom with primary custody or dad with educational tie breaker?

Parents live in different counties. How far can mom move from dad’s residence without it being considered a hardship for the children? Where can the law be found by county that the children go to school in the district of the parent with primary custody

Ellaretha Coleman
Ellaretha Coleman answered on Mar 7, 2021

The children will go to school in mom's school district as that is their residential address. If you move so far away that it interferes with dad's ability to exercise his parenting time, that could be considered a material change in circumstances warranting a modification of the parenting plan.

View More Answers

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How do I file a motion to intervene or next steps for custody of grandchild from other grandparent

My grandsons grandmother took custody from my daughter of my grandson to which I was not made a part of or privy too in the interim she has not allowed me to see my grandson although I am separate from what is going on. I am unable to come to a fair agreement with her and I have been in my... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 7, 2021

Grandparent custody and visitation cases are complicated. I would not recommend you go at this alone. You should seriously consider consulting an attorney to assist you in pursuing this.

View More Answers

3 Answers | Asked in Divorce for Georgia on
Q: I am separated from my husband and is seeking a divorce. We have a son. Do I have to give him my new address?

He says it's illegal for him to not have my new address so he can see his son. I'm not denying him his son, only my new address. Am I wrong?

Ellaretha Coleman
Ellaretha Coleman answered on Mar 6, 2021

You will need to advise him of the new address. As you deserve to know where your children are when they are with him, he has the same rights.

View More Answers

2 Answers | Asked in Family Law for Georgia on
Q: Can DFACS make me take my kids from their home if there was an accident which led to a bruise on a child

There has never been any violence or abuse. There is no criminal record whatsoever. Everyone has told CPS it was an accident.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 7, 2021

I agree with attorney Jordan. We would need more facts to give you an accurate answer on whether there are any grounds for this recommendation.

View More Answers

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: My wife married 2 times at courthouse in differ states the husband did get married in another state 2 a differ

My got married 2 times at courthouse in 2 different states the husband is married 2 another woman in another state I didnt no she was married till last week we been married since December 2020. Him and my wife bern married over 6/7yrs he's been gone 51/2yrs. The husband has been... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Feb 18, 2021

It is unclear what your question is, however, if your spouse was already married at the time that you got married, your marriage is void.

View More Answers

1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: My insurance company reversed a check on my totaled car, can they do that after 90 days of the check being deposited?

I deposited the check on September 29 and they reversed the check January 7th. There is a whole lot more pertaining to this event, but I am wondering if they can do that after 90 days

Ellaretha Coleman
Ellaretha Coleman answered on Feb 17, 2021

It is very unusual for a check payment to be reversed after such a long period of time. We would need additional information to determine why this may have occurred.

1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: Greetings who handles bad faith homeowners insurance claims for a home in Coweta Co Georgia?

My sons had a water pipe break on the second floor of their home, causing major interior damage. A restoration company had done the demo work, finishing just before Christmas. Due to lack of response from the insurance co., nothing else has been done since (today is Feb. 17th). What can be done... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Feb 17, 2021

Our office handles insurance claims throughout Georgia and Florida. Two months is more than enough time for the insurance company to have made their initial determination of coverage. We are happy to speak further with you on your rights to pursue payment for this claim.

Ellaretha...
Read more »

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I signed a divorce mediation agreement and then learned that my daughter has trauma that is on the doorsteps of ptsd

The trauma is from the abuse she suffered at the hands of mother. Can a judge hear it or is the agreement binding.

Ellaretha Coleman
Ellaretha Coleman answered on Feb 11, 2021

A judge always has the final decision on custody and the best interest of the child. If you learned of the abuse after the mediated agreement, then you need to immediately bring this to the court's attention.

View More Answers

2 Answers | Asked in Child Custody for Georgia on
Q: If I’m served as the father for temporary guardianship to my son because his mother died and I want my child

What’s the next step I take

Ellaretha Coleman
Ellaretha Coleman answered on Feb 2, 2021

You need to file for custody. If you have not previously filed a petition for legitimation and obtained a legitimation order, you need to do that asap. Until then, you have no rights to the child.

View More Answers

2 Answers | Asked in Estate Planning and Landlord - Tenant for Georgia on
Q: My mother in law passed a little over a week ago. My husband and I live next door and his name is on the deed to our

And his name is on the deed to hers as well. His cousin moved in with her about a year ago and was only suppose to stat a few months but here we are a year later. My question is, is my husband allowed to kick him out because he won't be paying for power and such and we don't want the... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Feb 1, 2021

No, he can not just kick the cousin out, unfortunately. He will need to go through the proper legal channels to have the cousin evicted.

View More Answers

2 Answers | Asked in Family Law for Georgia on
Q: I want to know if I preface a subject with "hypothetically speaking" does this enable my attorney to proceed as if the

I am going through a divorce/custody and I want to be frank with my lawyer and discuss something that may potentially damage my case. I want to know if I preface a subject with "hypothetically speaking" does this enable my attorney to proceed as if the topic had not been discussed?... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 30, 2021

If you believe that your wife will try to use this information against you in your case, you need to disclose it to your attorney. Your attorney can't prepare for what they have no knowledge of. The first time they hear that you used to grow marijuana should not be at court. Allowing them to... Read more »

View More Answers

3 Answers | Asked in Divorce and Child Custody for Georgia on
Q: My husband left my two children and I and I'm pregnant now and is committing adultery living with a married woman.

How do I file for separation and custody of our boys?

Ellaretha Coleman
Ellaretha Coleman answered on Jan 14, 2021

You can either file for divorce or a petition for separate maintenance. In either proceeding, custody and support are addressed.

View More Answers

2 Answers | Asked in Child Support for Georgia on
Q: I recieved 2 checks back from Georgia child support. Why would they send me 2 checks back
Ellaretha Coleman
Ellaretha Coleman answered on Dec 31, 2020

We would need more information to determine why you may have been provided two checks.

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: How do you get custody of an abandoned child
Ellaretha Coleman
Ellaretha Coleman answered on Dec 12, 2020

You can file a petition for custody in superior court or a dependency petition for guardianship in juvenile court. You should speak with an attorney to discuss the specific circumstances to determine the best strategy for your particular case.

Ellaretha Coleman

Atlanta Family Law...
Read more »

2 Answers | Asked in Child Custody for Georgia on
Q: How does a father go about getting legitimied in ga. Child is four years lives with father in Ga mother lives in kansas

father has dna and signed birth cerificate. Mother been absent most child life, lives out state only seen child one day whole year. Father wanting custody rights

Ellaretha Coleman
Ellaretha Coleman answered on Dec 7, 2020

The father needs to file a petition for legitimation and to establish custody. As Georgia is the child's home state, the case can be filed in the county of the father's residence.

View More Answers

1 Answer | Asked in Family Law for Georgia on
Q: Can a childs name be changed if the non custodial parent has not legitimized the child.
Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

Yes. But that does not mean that the non-custodial parent does not have to be notified of the petition to change name. If the non-custodial parent has paid support or participating in the child's life, they may still be entitled to notice and have an opportunity to object to the name change.

2 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: I was the victim of a domestic dispute&clearly injured. The cops came& I ended up charging& arrested. What should I do?

Neighbor and I got into an altercation where I was the victim and was injured. I called the cops and they came and got statements from me and him as well as his parents who lived across the street. They sided with him even though saw me pinned on the ground in a puddle of wood glue he had thrown.... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

You need to hire an attorney who can advise you on the specifically on the best way to proceed based on the specific facts of your case.

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: My brother in law he is in robation and they want me to agree with random drug test and warrantless searches and seizure
Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

The terms of probation typically include random drug screens and warrantless searches at a probationers residence.

2 Answers | Asked in Divorce and Civil Rights for Georgia on
Q: Can I fight my stepmom for my dad's life insurance policy because she abandoned him and was filed for a divorce??
Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

If your stepmom was still listed as the beneficiary of the policy at the time of your father's death, she will be entitled to the policy benefits, irrespective of what marital problems they were having.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.