Marietta, GA asked in Family Law and Child Custody for Georgia

Q: Attorneys' May you help me. Case Law in State of Georgia that will help me in court & No Show Of the Defendant/mother

Attorneys' May you help me/ FAMILY LAW MATTER! Case Law in State of Georgia that will help me in court & No Show Of the Defendant/mother Dec 21st 2023 the Defendant/mother was a no show so I ask the judge to grant me full primary custody of my then 5yo daughter ( Her Birthday Jan. 29th, Turning 6 years old) judge said no that I had to have the Defendant/mother served, a motion that I filed, so I did certified mail and Statuary Electronic Service via email (BOTH) was told to wait 30 days for the Defendant/mother to answer, then I the father can request another court date to be on the judges calendar. My questions are if the Defendant/mother does not answer with in the 30 or at the 30 day time frame, THEN WHAT? 2nd if Defendant/mother does not show on the next court date then what specifically do I request in word wise from the judge?? 3rd what case law in Georgia that you know of that would help validate me in my case? Any & all advice will be truly grateful to help my daughter & I

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1 Lawyer Answer
Alake Colwell Furlow
Alake Colwell Furlow
  • Divorce Lawyer
  • Dacula, GA
  • Licensed in Georgia

A: First, if the Defendant was not properly served according to GA law, they did not have proper notice & opportunity to be heard. Therefore, the Court would not consider the Defendant to have failed to appear if they were not properly served. Statutory Electronic Service is only proper service once the original pleadings have been properly served via personal service or substituted service. You cannot serve electronically your original pleadings. Once you have proper service, then if the opposing party does not appear for a hearing, the Court can choose to move forward with the hearing without the other party and make a ruling. But it sounds like you should speak directly with an attorney because it's unclear by your statements, whether the other party was ever properly served or not.

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