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Questions Answered by Ellaretha Coleman
3 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: If I have seen someone abusing my child sexually and he is not in my custody, how will charges be brought against them?

My son is with my family. They are not my biological family they have recently petitioned the court to adopt and accuse me of abandonment. I witnessed my child engaging in the act of sex with two members of the family and was afraid to tell anyone about it at first, but have called CPS and reported... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 8, 2020

You need to report what you saw to the police.

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3 Answers | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: If the divorced father doesn't work will/can the courts consider/touch his new wife's income?
Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 8, 2020

No. The new spouse's income is not factored into a child support order. However, just because he refuses to be employed does not mean that the court can not impute him at an income commensurate with what he has the ability to make.

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3 Answers | Asked in Divorce for Georgia on
Q: My ex refused to bring child home from visitation on time. I did not agree. He texted me he will be about 2 hours late

What can I do?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 8, 2020

Unless it is a repeated issue, let it go. As your child gets older, these things may happen. If it becomes a repeated issue, then you can file a contempt if he fails to return the child on time.

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2 Answers | Asked in Family Law for Georgia on
Q: Is there a fathers rights attorney, contempt filed in Jackson County, Ga. I am pro se and needing advice. Motion to jury

Malicious mother syndrome / Parental alienation and I am tired of the gaslighting and her using our children as a game. 3 year in a row she has filed.

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 3, 2020

You need to hire an attorney if you seriously want to fight a parental alienation issue. These cases are complicated and can be difficult to prove.

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2 Answers | Asked in Adoption and Family Law for Georgia on
Q: Need a pro bono lawyer to represent me be on my side with a guardianship case. Plus visitation. 706 716 4208

Ex got guardianship I'm the mom trying to fight for justice to be apart of her life an get guardianship visitation.

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 1, 2020

If you are unable to afford an attorney, your local legal aid office may be able to assist you.

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1 Answer | Asked in Child Custody, Civil Litigation, Family Law and Legal Malpractice for Georgia on
Q: Are GA deputy sheriffs authorized to administer legal advice to the public?

And if so... to what extent?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 1, 2020

Only licensed attorneys are authorized to give legal advice to the public.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: mother has not been child's life since 2015. lives in another state who has legal custody? still legally married to her.

our child has mental conditions and i have been making all the decisions. now she wants to start making decsions after almost 6 years. she wont divorce unless i do under her terms. she has our daughter and i have our son. she wants to make decisions but still has no contact with him. he is 16

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 29, 2020

If you and the mom are still married, you both have the same custodial rights to the children of the marriage.

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2 Answers | Asked in Family Law for Georgia on
Q: My mom tried to send me away so I left home. Im 17. Can the people I moved in with get into legal trouble?

My friend's mom didnt want to see me on the streets so she let me stay there. Can she get into trouble for this? Mom made my job let me go so I cant emancipate myself. I left home cause I'm was tired of the verbal abuse and pettiness.

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 26, 2020

Until you reach the age of 18 or emancipate, your mom can dictate where you live.

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Military Law for Georgia on
Q: Good afternoon i have an issue with my spouse (married in the army) we have not lived together for a while now &

I know she used me to get her green card expedited and once she got she fled the state of Texas So with me not being knowledgeable as i am now about the time limit in her being in Georgia passed six months, i was too late in doing something to keep her here since a child was conceived through our... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 24, 2020

Whether you are eligible for an annulment based on fraud is extremely fact specific based on your individual circumstances and the proof that you have to evidence her intentions in entering the marriage. Likewise, the cost of your divorce will depend on your individual circumstance and the... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: After a mental health crisis, he is being charged with his first felony charges ever. is he eligible for the FOA in GA?

The client suffers from a documented history of mental health and substance abuse issues that were repeatedly verbalized as well as reporting worsening conditions after a head injury acquired from a motorcycle wreck in july. The incident resulted in charges for possession of a firearm during a... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 24, 2020

If he has no prior criminal convictions, he should be eligible for first offender treatment. However, the judge ultimately has the final decision on whether to accept a first offender plea. Additionally, that may not be in his best interest especially if he is not in active treatment for his... View More

3 Answers | Asked in Family Law and Child Support for Georgia on
Q: My ex wife owes me 22000 in support for our 2 kids, now she wants to fight for custody because she can't pay, can she
Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 24, 2020

The court can also consider her failure to pay child support pursuant to the existing order in determining whether custody should be changed as well.

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1 Answer | Asked in Child Support for Georgia on
Q: Recieved final divorce papers, but no child support order. What should i do?

I received the final papers for my divorce in the mail, but I did not receive any orders for child support. But the initial papers that I saw had child support papers attached, but the final order does not.

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 22, 2020

You can contact the court to determine if you are missing a portion of the final orders that address child support.

1 Answer | Asked in Child Support for Georgia on
Q: Child support order says stops at 18, will it need to continue if still in school.

In the court documents, the first paragraph (a) states "beyond 18 for highschool", and the second paragraph (b) says "stops at age 18". The exwife chose the second paragraph. My husband is concerned he will still have to pay throughout highschool. My understanding is that when... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 22, 2020

The order controls. If the order states, stops at 18, it stops at 18 unless a modification is filed prior to the child's 18th birthdate.

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Where do I file a motion asking for a GAL to be appointed into a custody case?
Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 13, 2020

You would file a motion for a guardian ad litem in the court of your existing custody case.

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1 Answer | Asked in Child Support for Georgia on
Q: What is the percentage of child support owed ? The grandma has custody . And I work offshore . Her mom is her and there

Both of us are obligated to pay child support and how does the percentage change once we both paying.

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 5, 2020

Child support in Georgia is not done by percentage, but is based on a formula using the Georgia child support worksheet. The child support amount is calculated using both the incomes of the mother and father.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Georgia on
Q: i done a witness affidavit as my friends attorney requested but will i or can i still be subponeaed to appear in court?

so i took my friend steve home on break for him to find out his girl friend was not home but there 2 children was left alone which they are not even 5 years old so i am a witness to that happening! so a few days went by and steve told me that his paid attorney needs a affidavit from me other wise... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 2, 2020

You could still possibly be subpoenaed.

3 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Live in GA, son 15, smokes marijuana, defiant and wants to come and go as he please.

Can he be legally be put out and will the police come out him out?

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 2, 2020

Your 15 year old is your responsibility until he is an adult. You may want to explore options of having him declared delinquent through the juvenile court if you are unable to control him.

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2 Answers | Asked in Family Law for Georgia on
Q: Need help getting permanent Guardianship over my special needs daughter. State filled a petition I still have her

I don't know why been no charges against me having to go to court to fight for her she been with me all her life she is special needs I don't know what to do never been in this situation ever.

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 2, 2020

You need to consult with an attorney to discuss your specific circumstances. We wouldn't be able to give you specific advice without knowing what the specific allegations against you are.

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3 Answers | Asked in Divorce for Georgia on
Q: Requirements to get alimony and child support.

We got married while living in Tennessee. I was already living there and we married and he moved there. At this point I wasnt working because my doctors took me.out of work so I was applying for disability. He came and got a job and worked the entire time. We have a child that he doesn't help... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 29, 2020

Possibly. We would need to evaluate both your financial need and his ability to pay to make a determination of eligibility for alimony. I would suggest scheduling a consultation with a family law attorney to discuss your options.

Atlanta Family Law Group

www.atlfamilylawgroup.com...
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3 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Can i filled for divorce with a open Paternity/Legitimation case open?
Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 18, 2020

Having a separate paternity/legitimation case open will not prohibit you from filing for divorce.

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