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Georgia Child Custody Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Should i file for habeas corpus?

Me and my husband got into an altercation in which I slapped his face and he called the police. I had left and had no idea he even called them, so i wasnt there when they showed up and never was questioned or talked to by the police department, although warrants were issued that day and eventually... View More

0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Divorce with a minor child 8 years ago. While researching I noticed the child was born a week before marriage.

The divorce included a parenting plan. I didn’t think to look at the child birthday vs marriage date. I had no knowledge in any law. How does this affect court documents and cases? Can the parenting plan be removed along with the child support order. The parenting plan is joint custody. The child... View More

0 Answers | Asked in Child Custody, Family Law and Juvenile Law for Georgia on
Q: If my child hair follicle came back positive but my urine test was negative and my child said the drug exposure does not

Come from my house hold and he is 13yrs old, old enough to know what goes on could he be still be found dependent

0 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Can i do something about not being informed while grandma has temp. custody of kids like dr/school/travel arrangements

My mom hides everything from me bout kids including while kids are in hospital for ova a week. I never kno where they zre or wat they are doing. Im only ignored. This bothers me extremely bad I'm currently working on getting my kids back very soon but I don't think it's right that... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: What should I do to get my grandson back quickly, who is in foster care?

My grandson, my son's legitimate son, has been in Foster care for 14 months. After searching for him for more than a year and a half, we have been aware of this situation for 1 month now. Neither my son nor we knew anything since my daughter-in-law blocked us and kept moving. Now when I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

If your son has not established paternity, then the Court has not established you as the child's grandmother. If your son is unable to legitimize the child and petition the Court for custody, as the grandparent, if you want to seek custody yourself, you should hire an attorney. It will be a... View More

1 Answer | Asked in Child Custody and Divorce for Georgia on
Q: Do I have to file divorce with minor children if custody has already been established by a court? Or can I file without?

We have 3 children together 2 are over 18 and one is in the custody of his mother. I had 2 more with another man but they have had there paternity established already. So can I file a divorce without minor children?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

If you in fact have minor children then you need to file for divorce and state that you have minor children. I would speak directly to an attorney

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2024

Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a judge give sole custody with only 3 hrs of dfcs center supervised visits once a weekend ordering no contact outsid

Only for having marijuana in your system

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

Judges can render orders that they feel are in the best interests of the child, and they have a lot of discretion in what they can make an order of the court. So a question that asks if a judge can do something, yes they can, and they probably did. And if you feel like you have been been able to... View More

2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Georgia on
Q: so I was not properly served as per the proper order of service demands by law.The acting judge didn't acknowledge that

and has been extremely biased in this whole process, as well as after the initial hearing, which that hearing and any proceedings should have been dismissed as the law on the principle certificate of service was purged by dftcs and the acting court actors. We never received by hand delivery, nor... View More

James L. Arrasmith
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answered on Mar 9, 2024

It sounds like you have serious concerns about how your legal case has been handled so far. Based on the issues you described, here are a few thoughts on potential next steps:

1. File a motion to dismiss: If you believe the court lacks jurisdiction over your case due to improper service of...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Hi my child is in dfcs care and is about to be back in my care. Can a man that thinks she is get a paternity test done

Through dfcs without my knowledge?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

A potential father can take a mother to court on an action to legitimize and the court can order a paternity test. If he is determined to be the biological father the court may award him some form of custody & visitation.

2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

James L. Arrasmith
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answered on Mar 8, 2024

If you are concerned about your daughter's safety and well-being due to the mother's involvement in drug-related activities and untreated mental health issues, you might have grounds to seek full custody. Courts generally prioritize the child's best interests when making custody... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My sons father got temp custody about 4/5mths ago. I am wanting to file the petition to reverse his temp custody.

Can I file on my own or do I need a lawyer? He has a lawyer.

Kedra M. Gotel
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answered on Feb 27, 2024

I would encourage you to seek legal counsel to discuss your options. A temporary order can be appealed but the order will be reversed under limited circumstances. If it is your desire to have the order reversed only because you no longer like the terms, your reasoning will not withstand legal... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I was supposed to get my daughter for designated visitation, but her mother won't tell me where she is. What can I do?
Kedra M. Gotel
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answered on Feb 27, 2024

You should file an Application for Citation of Contempt. You must prove that your ex's violation of the court order was intentional. If you are successful in proving her actions were intentional, you are entitled to an award of attorney's fees and expenses of litigation. Depending on the... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a child granddad full rights to my kid causes they have Temporary guardianship
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

If I understand your question correctly, a grandparent can file in court to assert their rights and ask for custody. If they are the guardian and they have had the child or children for a period of time, the Court could take awarding them permanent custody seriously. But you will have your chance... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I’m a mandated reporter & my 11 yr old is being left at home for more than 2 hrs when he’s at his dad’s. What do I do?

My ex-husband/his dad and I have 50/50 custody. My son also being left there with his dad’s girlfriend’s daughter who is 10 years old.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

If you have an issue with the current order you will need to file for a modification. That is the only way to change your current visitation.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have a TPO order, one child is listed but is not legitimized. Does the person who the TPO is against get visitation?

The judge gave visitation but there is only a custody schedule in place for the older two children. The last child is not legitimized. The person the TPO is against has filed for legitimation but until then I have sole custody.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

In the legitimation action if the father asks for visitation, the court may award him visitation, regardless of the TPO. You will have to present your case regarding what custody & visitation you think the court should award. I would hire an attorney if you are the defendant in a legitimation... View More

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1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Should I sue for Legal Malpractice?

I hired a lawyer in 2020 because I was trying to take my ex to court for custody. My case kept getting pushed back and rescheduled for years. I didn't see the inside of court room till may 2023. My lawyer gave very little reasoning behind it. Every other time I would talk to my law firm they... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

You might have a case for legal malpractice or a fee dispute. Consult with experienced legal malpractice attorneys in the state where this occurred. You can search for attorneys at Justia.com

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How do I get custody of my 14 year old son. We don't have a custody agreement at this time. We have never been married

He wants to come live with me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 6, 2024

You would need to file an action to legitimize. In that action you would asking the court to award you primary physical custody and you may consider joint legal custody with the mother. An election can be filed showing the court where the child is asking to live as well. I would speak directly... View More

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3 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Q: Can a GAL, testify in court if he have not completed his investigation or even spoken with the child repenting?

The GAL, was appointed at a contempt hearing. The contempt was not charged, an agreement was made with both parties. Two weeks later the child came forward with allegations of being molested by her father, therefore the mother stopped abiding the new agreement. After 2 months or more with the fact... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

The parties are allowed to cross examine the GAL and ask any questions they think are relevant to said testimony or the case. If you felt like steps were not taken that the GAL should have taken, that was your opportunity to ask those questions and have the Court hear those answers. But yes, the... View More

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1 Answer | Asked in Family Law and Child Custody for Georgia on
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,... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

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... View More

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