Lawyers, Answer Questions  & Get Points Log In
Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Can a father take a mother to court for visitation rights. When the father is backup on child support,

The father don’t volunteer to do nothing for child skips months without paying child support. Backup on child support. Had baby out of wedlock. Never been married, and father mad cause I said child couldn’t go on a family vacation so he want to take me to court, but haven’t did anything.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Aug 7, 2022

He has the right to file for legitimation and parenting time.

0 Answers | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: I have been down on my luck and struggling to find stability since Feb 2022. My ex has filed against me about children

Partner I had was arguing with me at end of June in front of my children. So I left the residence with my children and asked my Ex husband to come and get them. This past Friday I was served with summons and have no visitation privilege's until hearing. How do I answer the summons and false... Read more »

1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: I purchased a home by myself for me and my children does she need to be involved to sell?

I am going through a divorce and we have been separated for 4 years. I purchased the home 2 years ago and because she took my children recently and the car I have no choice but to sell. Does she need to at closing even if she has nothing to do with the home?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

If the home is classified as "marital property," then your ex-wife will have a "fair," equitable interest in the home. Thus, your ex-wife will likely have a say in how the home is liquidated/sold. If the home is classified as "separate property," then she will have no... Read more »

0 Answers | Asked in Family Law, Child Custody, Juvenile Law and Small Claims for Georgia on
Q: my in laws have custody of our 11 yr old, we willingly have up our rights 8 yr ago.. we have our 7 yr old with us in our

new home. we lived at my in laws for 4 yrs, with our 2 children. we rent to own a new home for our children... the in laws will not give us a pair of socks for my 7 yr old, so he has nothing( yes we have bought him things) even his own laptop. we also want our rights back to our 11 yr old

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: How to request continuance for 7/14 divorce final? Atty dropped ball, then w/drew.Custody. New atty.7/14, but no prep.

Prev counsel issues. Huge mistakes. Custody battle. Dad filed emerg hearing, then not allowing Mom any visits, contempt. Moms atty never filed anything or req. f/up. Def-mom Confronted atty and atty withdrew. 4 days later hearing sched for TODAY 7/14 at 1!! Mom s/w new counsel, trying to gather $... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 14, 2022

You cannot contact the court ahead of time. You can go to court and ask for a continuance for the reasons you stated. You should try to hire an attorney immediately so if the case is reset for a short time from now they can be fully prepared.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What can I do if a non-relative is keeping my child from coming home and I have full custody?

I have custody and there is no paperwork stating I dont.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 13, 2022

You can ask a Sheriff to go with you to where the child is located, after showing your order establishing your legal custody rights. If the Sheriff won't comply, you can swear out a warrant with a Magistrate or police for interference with custody.

If the child refuses to go with you,...
Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: i have joint custody my son will be 16 in september he do not want to return to his dad in buffalo due to him hitting

him and he is begging me to stay in georgia because he's scared to go back his dad has primary custody but we have joint custody what action should be taken in this situation im scared for my son his dad is a cop and threatens him also beats him up ?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 10, 2022

You need to file a modification of custody case.

1 Answer | Asked in Divorce, Family Law, Child Custody and Medical Malpractice for Georgia on
Q: Hello. I had a child born out of wedlock in Georgia, and the hospital stated by law I had to give him my (mother) last

(continued) name. My husband at the time of birth was not present and lived in another state. Did the hospital legally have to provide paperwork to me (mother) to prove that my husband was not the father and so that the child can take the biological father’s last name?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 22, 2022

If you were married, the child was not born out-of-wedlock, so the child is considered legitimate and the child of your husband. The hospital does not have to prove otherwise.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my ex husband put my 13 yr old away without my permission because he's mad about her moving with me ?

We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 14, 2022

I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: During a temporary hearing in the state of Georgia, which ended with the judge not issuing a ruling but instead

Taking it under advisement, would it be acceptable for the plaintiffs lawyer to ask the judge if he wanted her to send him case texts to help make a decision? The defendant was self-represented only because the opposing side declined when lawyer requested to reschedule so he could familiarize... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 8, 2022

You should rely on the advice of your attorney, who knows the judge and tendencies. Case law is unlikely to make a difference in the judge's ruling unless there are particular legal issues involved.

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I have a 24-year-old sister who's physically and mentally disabled. If she burned herself who would be held responsible?

My Mother files her as a dependent but does not legally have power of attorney over her. I am home most of the time with her and help take care of her with cooking and changing while my mom and dad work.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 4, 2022

No one would be liable.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How much notice is needed to be given by the non-custodial parent in GA for summer vacation weeks?

Our papers state we alternate first choice of dates for 2 non-consecutive weeks yearly, dates given by April 15 each year. The papers do not state a deadline for the other parent. My problem is I work, need to arrange daycare, can’t put my son in camps and so forth without knowing as the... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 4, 2022

Unfortunately, there is no "standard," as it depends on the language of the parenting plan. The entire plan would have to be reviewed to see what the judge would determine.

It may be prudent to write a letter or email to the other parent stating that you will make other plans...
Read more »

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: Is there a public defender in Jefferson county for family court and do they have a number

Public defender for family court Jefferson county area

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 1, 2022

There is no public defender in family court. In juvenile court cases, an attorney may be appointed if a party cannot afford one and termination of rights is at stake.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: What do I do if my child’s father did not sign the birth certificate? I was 17, the father 18…

He didn’t want to sign because the baby was getting my last name and not his, he’s been so inconsistent and now our baby is almost 9 months old and he’s randomly trying to come around more and even mentioning having unsupervised visits with him. The baby is in my care 24/7 and I don’t feel... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 30, 2022

You can't stop him from filing a legitimation case. Fathers are presumed to be able to figure out how to parent just like you figured it out. When he files, you can hire an attorney to respond to the case. In the meantime, unless he has a severe drug, alcohol problem or something similar,... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have 7 summer days in custody schedule. Can I split the days to spend them on two consecutive weekends?

(2) In addition to the schedule set forth above, each party shall have an additional seven day period with the child. The party who’s notice controls shall notify the other party of their designated seven day period not later than April 1 of each year. Mother’s notice to Father shall control... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 27, 2022

7 day period usually is interpreted as 7 days consecutive. But you can attach the week to your weekend to me it longer.

View More Answers

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Should I do my divorce separately from my childs father's rights
Zachary Taylor Beck
Zachary Taylor Beck
answered on May 24, 2022

I am not exactly sure what you mean by "divorce separately from my childs [sic] father's rights." If you are married to the child's father and seeking to divorce him, then the child's father will have to be a party to the divorce action and child custody will be handled in... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.