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Georgia Child Custody Questions & Answers
0 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I was awarded a TPO and my spouse is staying with friends in a different county and can’t be served.

Can I text him to let him know of the TPO? I’m concerned that if they don’t serve him this weekend, they will serve him on the first day of his new job which will further exacerbate our divorce proceedings

0 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If my kids was taken and adopted then adopted parents let child come back to live with me what are my rights for dfacs

Do I have to comply since I don't have rights to child or can my child decide where he lives they are 16years old

0 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My child was removed from our home September 26 2023, we didn't have any court hearing until January 29th 2024

The judge dismissed the case/ returned custody but the same day it was re filled and my baby was removed - 1/29/24. After more continuances, the adjudication was March 13, 2024.

The court found her "dependent" based upon our stipulation to fact, but I was told it was a... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Can both parties reject a GAL even though it’s court order we have come to an agreement on our own

The father of my children and I couldn’t come to custody agreement so the judge decided to have a Guardian ad litem appointed but the father and I have finally come to an agreement on our own

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

It is highly unlikely the Court is now going to disregard the GAL, even though an agreement has been reached. The Court is likely going to consider the GAL's findings and recommendation as well as any agreement you all have now reached and determine what the final order is going to be. They... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: GA; Filed a contested legitimation petition. Can I make a motion for genetic testing and how do I do it?

I have filed a legitimation petition and it was responded with contest. I requested discovery and a court date has been set. A DNA test has not been done yet, and I’d like to get a jump on the process. Since things are already rolling with court in 2 months, can I file a motion for genetics... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

I would go to the law library for assistance since it has been helpful to you.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My teenage children want to file an affidavit of election. Can they file without an attorney?

I live in Muscogee County GA, their father lives in Heard County GA. They're 14 and 16, and want to live with me in Muscogee County. Is this something that we can file without an attorney? Does it matter if their father doesn't want them to move here? He has no grounds to contest this... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

There's so much information missing from here that it's hard to provide advice. If there is an order granting the other parent custody, you don't simply file an election for change of custody. You have to file for a modification. Then you must have the custodial parent served.... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: do you know what form I would use for a motion for reconsideration in cherokee county ga? It is a civil/divorce/custody
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

There's no form for that. That is a motion that has to be drafted, most of the time attorney's draft that motion. If you are not hiring an attorney you can google and see what examples you can find online. But the chances of a non-attorney getting a motion like that granted is very... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Is it legal for a judge to require the defendant/respondent to appear for a full tpo hearing past the 30 days

My husband's ex wife filed a stalking complaint against me. She was granted a tpo.

This was filed on 5/14/2024. My hearing isn't until 6/20/2024. I have filed a motion to dismiss on the grounds that I am not receiving a full hearing within 30 days. The judge's assistant... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

If a judge says you have to appear then you have to appear. And I believe your motion to dismiss is going to be denied as well.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How do I apply for emergency temporary custody for my grandchildren?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

If DFCS is involved then you would have to go through the case that's already open. If there is not an open deprivation case, you will need to file in court. You will have to file the proper action and have the parents served.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: How to apply for temporary custody for my grandchildren?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

Hire an attorney. More information is needed to determine what rights you. may have as a grandparent. Grandparents rights are definitely secondary, especially if the mother or father do not agree to you having custody or visitation. If you are seeking to take custody away from a parent, I would... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have physical proof child is being coached by mom. What should I do?

Child has suffered from mental health diagnoses. Mom has tried for years to coach and push hatred into the child regarding the dad. There are text messages to prove the child is being coached and lied to by mom.

Mom sent dad messages from daughter, which led dad to check and verify... View More

Narissa Juitt-Jackson
Narissa Juitt-Jackson
answered on Jun 4, 2024

You should look at asking the court for a Guardian ad Litem. You can use the text messages as evidence as to why one is needed. A Guardian ad Litem is an unbiased neutral third party appointed by a judge to investigate the best interests of a child.

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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Q: Does FL have to follow GA child laws

I gave birth to my son in FL and his "father" did not sign his birth certificate. After a year in FL my son and i moved back to GA and stayed for 14 months making him and i GA residents. On May 21st i was trying to return to GA and his "father" wouldn't give me my child and... View More

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

The father is kidnapping, plain and simple. Even if he had signed the child's birth certificate, that gave him zero rights to that child. If the father has not legitimized, he has no rights, no custody, and no visitation. He should return that child or he is committing a crime. I'm... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Q: Hello im currently trying to figure out how to get my boyfriends name on our sons birth certificate.We’re not married.

My sons bio father does nothing for him,doesn’t see him anymore he also stays in another state and i doubt he’s willing to give up his parental rights even though i can prove he isn’t fit to be a parent.My boyfriend has been caring for my son and doing for him since he was 1 month old.We do... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You aren't able to simply put your boyfriends name on your child's birth certificate because he helps to support your child. If your boyfriend was able to ever adopt your son, after marriage, then he would have legal rights. But no, you can't simply remove the biological father and... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Ex said if I don't get letter, I could go to jail, what letter is it? We have a child also

Lived together for 9 years, I have paternity but not legitimacy, child is 4 years old

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

I am unaware of what you are asking about and what your ex is referring too. But if you want to legitimize a child, there are steps you take within the court system to do so. And I would consider legitimacy before the child gets much older.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: What can I do if my child’s father cut off all communication with me for 8 months but filed for legitimation
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You should hire an attorney who can file an Answer to the legitimation action and represent you in court. Because the father may be asking for primary physical custody, and if there is a final order giving him that, you will not be able to change that absent a material change in circumstances down... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Document state my ex husband is to have our girls every other week this summer he has informed me he can only do weekend

And will not help with childcare for those weeks he also explained I must get on a co parent app to contact him due to his gf not wanting us to have communication with out her knowing what all was said and if I don’t get the app I will not be able to contact him cause he is changing his number... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

When a non-custodial parent is awarded visitation through a court order, there is no penalty if they decide not to exercise it. There is nothing you can do to force him to take the children if he does not want too. You also can't force him to pay for childcare unless an order already says he... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Do out of state custody orders have to be domesticated in order to be enforceable? what's the timeline req. to do so?

What happens if the out of state order wasnt domesticated? How long is the custody order valid for without domestication? Are there statue of limitations regarding this? My child's father hasn't allowed me to see our son since January of this year. Our son just turned 2 on May 12th.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

If you have an order that is not being followed you should speak with an attorney and provide them with more information, so they can advise you on the next steps. Because what you do next depends on where the order originated, where the parties reside now, what allegations of contempt are being... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Don’t want child support just for him to get the kids

I work 40 hours a week had to get my supervisor to let me come in later so that I can take my kids to daycare and school I also pick them up after work and I do all the duties myself if they need any thing their father does provide but he rarely gets them and I’m exhausted and feel that he should... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You can file for child support through the state or through a private attorney. A private attorney is likely to be faster and the child support amount is likely to be more accurate.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: I have a child custody case pending in Georgia, can I move to another county within GA right now?

I have a child custody case that has been filed in my home town by my child's father. My child's father lives out of state over 300 miles away. I have not been getting any help financially with our son during the custody proceedings. So I would like to move to another county where there... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You should be very careful about moving while you have a custody case pending. If you are not receiving any financial assistance from the father, you should have obtained a temporary order for support while this case was going on. And if you don't know how to go about obtaining that, I would... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Who has jurisdiction/venue over Georgia legitimation case if the mother/child no longer lives in the county filed?

We moved in September and documents were filed in December. The address is outside of the county where documents were filed.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You don't become a resident of most places in 2 months. You have to look at the residency requirements for the state and county in which you live. And if documents were filed, I would suggest you look into hiring an attorney to represent you.

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