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Questions Answered by Ellaretha Coleman
1 Answer | Asked in Juvenile Law, Family Law and Child Custody for Georgia on
Q: Is there a way to keep a case in superior court. Instead of transfering it back to juvenile court??

I filed moiton of contempt in custody case aa well as a moition to modify custody/ visitation. Juvenile court is the one that sent me to superior. I filed and today I get an order to transfer back to juvenile court.

The last thing i wanted. Please tell me there is a way to keep it in Superior??

Ellaretha Coleman
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Ellaretha Coleman
answered on May 28, 2019

We would need to review the order and obtain more information to determine if there is a way to keep the case in superior court. You should consult with an attorney to determine what your options are under the circumstances.

3 Answers | Asked in Family Law and Divorce for Georgia on
Q: Hello I’ve been married since 4/08/2019 and I cannot deal with verbal abuse, I’m enquiring about an annulment.

We got married at the Dekalb County County Court House I will hate for his verbal abuse towards me to turn into physical abuse.

Ellaretha Coleman
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Ellaretha Coleman
answered on May 28, 2019

Verbal abuse is not going to be a legal basis for an annulment. Although the marriage is short, you will still likely be required to to file for divorce.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: when does custody interference and interstate interference become criminal vs civil ? filing contempt in georgia?
Ellaretha Coleman
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Ellaretha Coleman
answered on May 28, 2019

It really depends on the law enforcement officer who it is reported to whether they use their discretion to charge an individual with interference with custody. Whenever there is a violation of the custody order, you have the option of pursuing a civil contempt in court. Generally, criminal... View More

2 Answers | Asked in Family Law for Georgia on
Q: If mother missed visitation with son does she have to make it up another day?
Ellaretha Coleman
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Ellaretha Coleman
answered on May 28, 2019

There's no requirement for make up time, unless it is written in the order.

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2 Answers | Asked in Family Law, Child Custody and Constitutional Law for Georgia on
Q: What is considered as suitable housing for children.

I was told to obtain housing and be stable well i have its small but ive been here almost a year. And if suitable for a temporary solution until the kids are back with me and then i could and plan to move into a larger home. I just wanted to show stability. To courts.

Ellaretha Coleman
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Ellaretha Coleman
answered on May 28, 2019

The court will look at the safety and cleanliness of the home, as well as adequate space for the children in determining whether the home is appropriate for your children.

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3 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Can the absent parent sign over their rights to kids? They don’t want to pay child support and wants to sign over right
Ellaretha Coleman
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Ellaretha Coleman
answered on May 28, 2019

The court is not likely to grant a termination of parental rights unless there is a step-parent ready and willing to adopt the child in his place.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How can I get my daughter for the summer if my ex wife say no? I have joint custody with visitation.

I live in Dallas. I’m willing to go get her and take her home or buy a plane ticket. She live in Columbus GA. The court order is from Muscogee Co

Ellaretha Coleman
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Ellaretha Coleman
answered on May 22, 2019

If your parenting plan provides that you have your daughter during the summer and your ex-wife is not permitting the visitation to occur, you can file a motion for contempt against her. However, if the parenting plan does not give you parenting time with the chid for the summer, you will need to... View More

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2 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Georgia on
Q: How do I get rights to my ex girlfriends child without her giving up her rights and I'm a female also

The child's father has never seen him nor wants anything to do with him also been in jail every since before he was born

Ellaretha Coleman
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Ellaretha Coleman
answered on May 21, 2019

You are only going to be able to have a relationship with the child to the extent the mother allows you to. There is no avenue for you to obtain legal rights to the child absent a step-parent adoption.

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1 Answer | Asked in Family Law for Georgia on
Q: How am I been charge for battery if my daughter fought me and I had to defuse the problem by taken her to the floor

I had to defuse the situation by taking her to the floor of my home but I’m being charge with battery cause she bump her head on the floor an a knock became present

Ellaretha Coleman
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Ellaretha Coleman
answered on May 20, 2019

The responding officers make the decision on who, if anyone, to charge when responding to a call. You need to speak to a criminal defense attorney regarding your defense of self defense and how it may affect your case now that you have been charged.

1 Answer | Asked in Estate Planning and Family Law for Georgia on
Q: How can I accept a settlement agreement and still file a response to a uncontested divorce petition?

My spouse filed false allegations in her uncontested divorce petition (citing “cruel treatment”), if I write/file a “response” rebutting each false allegation in the petition, can I also sign the settlement agreement that she included with the divorce petition?

Will everything be... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on May 20, 2019

You can still enter into a settlement agreement even if you dispute the allegations as raised in the complaint for divorce.

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Georgia, divorce filed, no court order, mother takes son 18 mo, denies father any contact, 2weeks so far, is this legal?

Additionally, mother takes child on dates with the man she has and is having an affair with. Acts as a couple in front of child, hugging and kissing.

Ellaretha Coleman
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Ellaretha Coleman
answered on May 19, 2019

You need to request a temporary hearing to put a temporary parenting plan in place.

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2 Answers | Asked in Family Law for Georgia on
Q: My son’s last day of high school is May 22nd but his graduation is on May 24th

I pay child support bi weekly until he graduates since his last day of school is May 22nd And his graduation is may 24th do we go by his actually graduation date or last day of school? Bc that would determine if I need to make the child support payment or not.

Ellaretha Coleman
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Ellaretha Coleman
answered on May 20, 2019

You are still responsible for support for the month of May.

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2 Answers | Asked in Divorce for Georgia on
Q: how many month separate need for divorce in Georgia Mcdonough
Ellaretha Coleman
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Ellaretha Coleman
answered on May 21, 2019

There is no required time period for separation prior to the entry of divorce. However, once the divorce is filed, it must be pending for at least 31 days prior to the entry of the final divorce decree.

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2 Answers | Asked in Divorce for Georgia on
Q: Divorce contempt definition of does not wish to sanction him at this time means?
Ellaretha Coleman
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Ellaretha Coleman
answered on May 21, 2019

I agree with my colleague. Without seeing the entire order to determine context, we would not be able to answer this question.

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Can a child support agreement outside of court be an argument against paying arrears?

My ex and I had lawyers agree on a lower child support payment 2 years ago. An agreement was drawn up but never signed by both parties, only I signed it. She never signed it and she did not submit it to the court. Now she is taking me to court for owing thousands in arrears. Am I going to be able... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on May 13, 2019

You should contact the attorney who drew up the agreement for you. This may be a circumstance where a motion to enforce settlement agreement may be appropriate. The agreement may also provide an argument against whether your failure to pay the previously order support amount is willful.

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: What can I expect going into court?

I have raised my four children for two years on my own with no support. One year ago he started getting them every other weekend. (He walked out and moved in with a girlfriend he cheated with two years ago.) They visit with him where he lives with her.

Now he is asking for joint custody (we... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on May 13, 2019

A court is not likely to give him joint physical custody if there is a significant distance between the parties' residences. Additionally, if he went a two year period without support or visitation with the children, the court will also consider those facts in determining whether he should... View More

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2 Answers | Asked in Divorce and Child Custody for Georgia on
Q: A divorce petition filed and served, can on parent abscond with their child and prevent the other parent from seeing him
Ellaretha Coleman
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Ellaretha Coleman
answered on May 31, 2019

If the other party is withholding the child you need to request a hearing and also consider filing a motion for contempt if there is a standing order in place.

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3 Answers | Asked in Family Law for Georgia on
Q: Are there any family law attorneys that will accept payments to hire instead of a huge retainer?
Ellaretha Coleman
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Ellaretha Coleman
answered on May 13, 2019

A lot of law firms accept payment plans.

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: I pay child support to ex for my 17 year old I have 6 months left to pay can I pay the full amount of child support in

One payment so I can be done with making monthly payments to her?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on May 10, 2019

There is nothing prohibiting you from paying the support in advance. However, if there is an income deduction order, the order will not be terminated until the child ages out of their entitlement to support so a pre-payment outside of an income deduction order may result in double payment.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Does the right of first refusal must specifically be in a parenting plan to be enforced?

The parenting plan has the Rtfr as an example but it specifically doesn't spell it out in the clause. Could this still be enforced or does it need to be modified?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on May 13, 2019

Yes. Only provisions written in the parenting plan or order can be enforced.

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