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Questions Answered by Ellaretha Coleman
2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: If I've signed the papers but I'm not sure if they have filed I signed them two days ago can I change who I want to it b
Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 19, 2019

It is unclear from your question what type of documents you signed. We can not answer your inquiry without more information.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can a GAL restrict a boyfriend from seeing a girlfriend due to her child having outbursts

Gal has restricted us from seeing each other and requiring counseling for the child. The child is 9 and was having outbursts. Her dad got remarried after 5 weeks of seeing a woman and I started dating her mother a month after that. I don’t even have a speeding ticket on my record and have had... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 16, 2019

A guardian ad litem can not issue orders controlling the parties' behavior, but can only make recommendations. However, most judges take a GAL's recommendation as gospel and may make an adverse custody decision against the party who fails to adhere to the GAL's recommendations.

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2 Answers | Asked in Criminal Law for Georgia on
Q: How come she has no bond after a preliminary hearing for 1st degree cruelty to children. Her priors are tickets.

It's her first felony offense. No criminal history. She is 37.

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 14, 2019

There can be several reasons that a judge denies bond for an individual defendant, including but not limited to prior criminal history, prior history of failure to appear, holds from probation or other jurisdictions, the seriousness of the pending charges, etc. Without knowing more facts of this... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: Not my kids but GA is suing me for child support

My gf had twins but they were taken by the state a few months after birth. The paternity test determined I am not the father. Now GA DFCS is suing me for child support. I don't want to have to pay child support for kids that aren't mine. What are my options?

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 14, 2019

If you and the mother were not married at the time of birth of the children and they are not biologically your children, you have no legal obligation to financially support the children.

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2 Answers | Asked in Divorce for Georgia on
Q: Can I sell my house without my wife's consent if I only and on the mortgage?

I refinanced in 2013 for the second time and she asked to be not included on the mortgage. She is on the security deed but not the VA mortgage.

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 14, 2019

If a divorce is pending, there is likely a standing order in place which would prohibit you from selling the home without your wife's consent. Additionally if she is on the security deed, you will likely need her signature to sell the property even though she is not on the mortgage, whether a... View More

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2 Answers | Asked in Criminal Law for Georgia on
Q: Is aggravated stalking repeat offender considered a violent felony?
Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 12, 2019

It depends on the allegations that led to the charge of aggravated stalking. It could be a violent offense if the allegations involved threats of violence.

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2 Answers | Asked in Family Law for Georgia on
Q: In Georgia, how can I get guardianship of my 16 year old grandson. He was left by his mother as he refused to go.

My grandson is 16 and his mother moved away with a man she met on the internet. He refused to go as he wants to finish high school here in Toombs County, GA and graduate with his life-long friends. I am his grandmother and he has been living with me for 2 months now. I take can of all his needs:... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 12, 2019

There are several options here. You can petition for custody in juvenile court through a private dependency action if mom has essentially abandoned the child or file a third party action for custody. You should consult with an attorney right away to determine the best course of action depending... View More

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3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I’m supposed to pay child support to my ex husband for our 14yr old daughter because she wanted to live with him.

I had sole custody of our daughter for the past 12 years. right before her 12th birthday in July, 2017. Dad and I divorced before she was 3 and he was gone. He tried a few times when she was 6-8 maybe but he had some other kids and all so it faded out. When she was 10 he met his now wife and has... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 12, 2019

In most instances, the non-custodial parent is required to pay child child support.

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2 Answers | Asked in Family Law for Georgia on
Q: So I dont want to have visitation with my dad , I turn 16 in 18 days is there a way I could stop seeing him?

He likes to pick on me and in a not funny way and and make me cry and never pays child support on time. He trys to take me out of school for a week to go to Disney and gets mad when I say I cant go I would like my mom to have complete custody because seeing my father is not good for my emotional... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 12, 2019

I agree with attorney Jordan. Whether the court will continue to make you exercise visitation with your father will depend on the specific facts of your case. However, if there is an order of visitation, your mother is going to be required to follow it until you reach the age of 18. If this is... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can defacs tell the mother of a child that she cant have any contact with her boyfriend that has no convictions with law

My fiance has an open defacs case because her mother is seeking legal custody. Now because we have no lawyer they have appointed my fiance's son an attorney and she is being told she cant have any contact with me or she could lose custody of her son and I have never been convicted of any... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 12, 2019

Yes, if there is an open dependency case, DFCS can restrict of limit contact with any individuals whom they feel are not in the child's best interest to have contact with.

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2 Answers | Asked in Family Law for Georgia on
Q: My son dad is in the military & has three other children would I able to get anything from child support
Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 12, 2019

If you are the custodial parent, you will be able to get child support. His having other children may affect the amount of support that you are entitled to. You should consult with an attorney to discuss your options.

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3 Answers | Asked in Family Law for Georgia on
Q: My wife is allowing an 18yr old boy live with and sleep in the same bed with my 15 yr old daughter what can I do legally
Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 12, 2019

As my colleagues have stated, you will need to file for divorce and petition for custody. Until then, you both have the same rights to custody.

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2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Georgia on
Q: Define is a 17 yr old a minor, or adult. In a custody dispute

At what age can a child not go by court rulings

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 14, 2019

A 17 year old is still a minor.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is super sedeas automatic on all cases? contempt action in divorce - non-payment, no appeal filed only Mot New Trial

Divorce, Final Jdgmt Decree issued 10/20/2017, court reserved issue of attorney's fees - still waiting on that . Spouse, ordered to start paying on specific dates (12/2017) has not paid anything so far, so I filed a motion for contempt. At motion hearig Opposing counsel argues super sedeas... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 14, 2019

You need to consult with an attorney to review the pending pleadings in your case to determine your options.

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Is 17 yr old son by only 3 days, a minor or adult in a custody dispute. Can he do or stay wherever he wants whenever,

I have custody, he was grounded but i allowed him to go to mothers for his 17b-day. Now he will not come home, mother says he dont have too, papers says he does. Sheriff Dept, wont enforce court rulings. Is she in comtemp

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 14, 2019

A 17 year old is still a minor who is subject to a custody order.

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2 Answers | Asked in Contracts, Divorce and Family Law for Georgia on
Q: Can I have the settlement agreement updated to reflect changes to certain words being used?

I recently had a final hearing - we are in full agreement. The agreement needed to be altered with pen to correct what my lawyer did not send to the other party as I fired my counsel before the hearing. We signed the settlement with corrections but was not signed in front of notary as there is a... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 11, 2019

You can request those changes, but the changes you have given above have no legal consequence in the enforcement or application of the settlement agreement. The terms in the current agreement are often used in divorce cases for ease of reference.

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3 Answers | Asked in Family Law and Child Support for Georgia on
Q: If I am in the parental accountability court program can I be put in jail while in court after being dropped from it?
Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 11, 2019

We would need more information on your specific circumstances to provide an answer to this question.

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3 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: How do i obtain a copy of termination of parental rights? The rights were taken away about 10yrs ago. I need a copy
Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 11, 2019

You can obtain a copy of the order termination your parental rights from the clerk of the court where the order was issued.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: yes my children are not legitimized but I have filed for legitimatzion and custody. they have lived solely with me for 3

years can the mother just come take them from me?

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 11, 2019

Unfortunately, yes she can. Until there is an actual order of legitimation, you do not have any custodial rights to the children. If you have already filed, you need to request a hearing on this issue as soon as possible.

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