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Questions Answered by Ellaretha Coleman
3 Answers | Asked in Family Law for Georgia on
Q: If my husband leaves me for another woman and we both signed apartment lease could he still be responsible to help pay

We have only been married for 6 months. And my husband decided to go back to his ex girlfriend and has left me paying for all of our Bill's that we accumulated together because it's all in my name except for our apartment lease is in both of our names. We dont have any kids together but I... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 11, 2019

This is something that will need to be dealt with in the divorce action. You may be entitled to temporary support to assist you in paying for the apartment lease.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: What steps should I take to file an order of consent to get back custody of my child who lives with me, from my mom?
Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 21, 2019

You need to file a petition to modify custody. I recommend seeking representation of an attorney to ensure that the documents are prepared properly and efficiently.

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: My mom has custody over my child but he lives with me. How do I file to regain custody, without causing trouble for her?

I feed, teach, and clothe him, placed him in daycare, and takes him to all of his doctors appointments. While she just retains custody.

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 21, 2019

You can enter into a consent order to change custody with your mother that is filed with the court. As it appears that everyone is on the same page with the child living with you, it does not need to be a contentious process.

3 Answers | Asked in Child Support and Family Law for Georgia on
Q: Can a father legitimize his child without the mothers consent?

Mother wants to file for child support but refuses the papers of father trying to get the child legitimized

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 20, 2019

Yes, however, the father will need to file the petition for legitimation in Superior Court and have the mother served with it. The Court in the legitimation action can establish custody and visitation rights of the father.

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1 Answer | Asked in Family Law for Georgia on
Q: Can I file for joint custody from another state
Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 17, 2019

It will not be feasible to exercise true joint physical (50/50) custody of a minor child where the parents live in two different states. However, joint legal custody is customarily ordered, even with an out of state party.

3 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my husband take our 2 children to another state without my consent and after I have contested it in court?

He is the primary custodial parent only through a temporary custody order.

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 16, 2019

It is unclear from your question whether he is taking the children temporarily or moving permanently. Typically, if a case is pending the standing order will prevent a parent from permanently removing the children from the state of Georgia during the pendency of a divorce or custody action.... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What will happen if the mother moves before she is served the legitimization papers for our child to be in court?

The mother of my child is moving out of state in 30 days. I just filed the legitimization papers yesterday. Our son is 7 months right now. She will not tell me where she is moving to, she won't give me her number to contact her about him. If she move before they serve the papers, what will be... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 12, 2019

Until she is served, there is no standing order to prohibit her from leaving the state with your child. Unfortunately, until you are legitimized, she does not have to advise you of her whereabouts either as you have no rights to custody or visitation until then. You should aggressively pursue... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: How can we get a "homeless" NCP served?

My husband filed for Child support in Jan. 2019 against his son's mother, the NCP. He has full physical custody and joint legal custody. The NCP is "homeless" on paper, and the sheriff has been unable to serve her at any address available. She visits the child regularly at our home,... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 11, 2019

If you have specific dates/times that she will be there for visitation, you can have a private process server serve her during those visitation periods. Oftentimes, you can arrange a specific time and place with a process server, where this is not typically an option with the Sheriff's Office.

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2 Answers | Asked in Family Law for Georgia on
Q: do i have to make my 14 year old go with his father if he doesnt want to

the mother has legal physical custody

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 9, 2019

Yes, if there is an order of custody. If the child no longer wants to visit, you should file a modification of visitation action. Otherwise, you will risk being held in contempt for not making the child exercise visitation with the non-custodial parent.

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1 Answer | Asked in Family Law for Georgia on
Q: Do I have to submit my petition to change my name to the court if it is a change because of a marriage?
Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 6, 2019

No. You should be able to change your name with your marriage certificate.

3 Answers | Asked in Divorce for Georgia on
Q: The document is dated for 10/22/2018. They located me through email 2 weeks ago but served me tonight.
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jun 6, 2019

I'm not sure what your question is. If the petition/complaint is dated 10/22/2018, but you were not served until last night, you will still have 30 days from the date of service to respond. It is not unusual for there to be a delay in service if there is difficulty locating a respondent.

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1 Answer | Asked in Family Law and Real Estate Law for Georgia on
Q: Can my cousin put me and my mother out today without a legal eviction notice?

My mother and I are staying in a family home, which use to belong to my grandmother, along with my aunt (cousin’s mother) and uncle . We found out after an argument that the home belongs to my cousin now and it has since 2005 per me going to the courthouse to acquire the deed for more... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 6, 2019

They can not force you to move without filing an action in court.

1 Answer | Asked in Family Law for Georgia on
Q: Uncontested Grandparents Custody Petition.

The filing is being made, can we ask for modification to the visitation of the non custodial parent on grounds of it being harmful and not in the best interest of this child due to abandonment by non custodial parent and it has been 2 years without communication, parental responsibilities even if... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 6, 2019

Yes, in a modification of custody action, you can also seek to modify a non-custodial parent's visitation rights.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Can a father file for temporary custody if the child hasnt been legitimized or does he have to file legitimization first
Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 6, 2019

The father can file for legitimation and custody in the same action.

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3 Answers | Asked in Divorce for Georgia on
Q: Good evening I was just served with documents 30 minutes ago on 6/5/19 stating my husband wants a divorce

How is it possible to answer by 10/22/18? I was just served 6/5/19

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jun 6, 2019

You will have 30 days from the date that you were served to answer the petition/complaint.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Divorced in GA & now dependents live in SC, divorce decree says joint custody. What are my rights?

I live in GA my ex wife moved to SC with our kids. Our divorce decree states we have joint custody but she won’t allow me to see them. Does the divorce decree still hold up? Is she in violation of the decree orders, or does the rules change since they’re in another state? How can I get my... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jun 6, 2019

You can file a contempt or a modification of custody in Georgia, if that is where the original divorce decree was issued. As Attorney Edwards stated, a child over the age of 14 can elect which parent they want to live with in Georgia.

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3 Answers | Asked in Criminal Law, Divorce and Family Law for Georgia on
Q: If my spouse, in court, admits to a crime, possession of prescription meds that aren't hers, what would a judge do?
Ellaretha Coleman
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Ellaretha Coleman
answered on Jun 6, 2019

There are a wide variety of circumstances that could determine a judge's response. The judge's response may be different depending on whether they are in civil or criminal court, whether it is a child custody action, and most importantly what type of prescription drugs.

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1 Answer | Asked in Child Support, Criminal Law, Divorce and Family Law for Georgia on
Q: My husband deserted me while suffering from medical issues. He has left the state and we have one child and no support.

He has sent no money for support. What can he be charged with and how long before he would have to give me any money. How long before I could get help. I am homeless and starving.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on May 31, 2019

You can file a warrant application for abandonment if he has not supported the child in more than 30 days. You can also open a child support action.

2 Answers | Asked in Family Law for Georgia on
Q: So whats the next step I need to take to get visitation rights with my daughter? Even though its been 3 years can I

Still file something now and get rights to see her ?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jun 6, 2019

If the child was born out of wedlock, you will need to file a legitimation action to establish custody and visitation rights.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: what can i do to have a divorce case postponed. I am unprepared and do not have a lawyer yet.

After my wife had kicked me out and changed the locks to have a affair with her ex husband. I am now homeless down in panama city beach Fl.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on May 31, 2019

You can file a motion for continuance with the court, however, it is within the judge's discretion whether that motion is granted or not.

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