Get free answers to your Child Custody legal questions from lawyers in your area.
I have been married for seven years and have a six-year-old child with my husband. We currently live in Columbus, GA due to my residency training, which will end in June. My husband wants us to move back to Atlanta, where we lived before. Due to a cycle of abuse primarily related to my desire to... View More 
I need clarification regarding my court-ordered visitation schedule for March 2025. The schedule specifies visitation from Friday at 6 PM until Sunday at 6 PM, but I'm unsure which weekends are considered the first and third. This is based on a court order, and there have been previous... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2025
The weekend is usually defined as starting on first day of your parenting time.
I'm currently in Spalding County, GA, and my husband filed an uncontested divorce to obtain custody of our 4-year-old daughter, proposing no visitation and no child support. We separated a month ago, and I am 7 months pregnant, having received no support since the separation. My husband claims... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2025
It's possible to obtain custody, support and alimony. You need to hire an attorney who regularly practices in your county to contest the case.
In 2012, my husband secured a coroner's warrant in Louisiana for a mental health evaluation, which led to my involuntary commitment for four days. During that time, he took my daughter to Dallas, Texas, and initiated custody and support proceedings without my consent. I retain all parental... View More
I am 15 years old and was adopted in 2018 when I was a minor. My biological parents now have a stable home and family and want to regain custody of me. I have been in contact with my biological parents, but my adopted parents are very opposed to this and even filed a restraining order against them.... View More
In Georgia, my ex has sole custody of our 5-year-old daughter, and I have only 3 hours a month of supervised visitation, which has been ongoing for over 2 years. The order states that I can talk to my daughter before 8 PM anytime, but my ex has never brought her to visits. My daughter tells me she... View More
My wife and I have mutually agreed to divorce due to differences of opinion. We have decided not to distribute our properties; everything remains as is. We own a home, which is solely in my name, along with the mortgage. My wife recently purchased a car, and the loan is in her name. She has agreed... View More
I am concerned about my 14th Amendment rights after my daughter was taken by DEFACS in December 2023 while I was in the hospital and my separated husband was arrested for drug possession. Although I have no criminal record, I haven't had an adversary hearing. I have been compliant with... View More
answered on Mar 3, 2025
I would get another attorney before it's too late. Prior to your parental rights being terminated you should seek alternative counsel and ask for a continuance if necessary, so your new attorney can familiarize themselves with what is probably a lengthy case. If you do not have faith in your... View More
I currently pay child support for my child whose mother is in jail. I’m not legitimized in Georgia and the school informed me that I can't transfer my child because I'm not on the checkout list or the person who enrolled them. I don’t have information on how long the mother will be in... View More
answered on Mar 3, 2025
File for legitimation, have the mother served, and then ask the court for a temporary hearing so you can obtain a temporary order giving you primary physical custody of your minor child. Then you can make major decisions until such time as the court can make a final determination on custody &... View More
I've given temporary custody of my children to a family member due to my arrest, through a court order and my voluntary agreement. However, now they refuse to allow me any contact with my children due to their own malicious intent. They have threatened me with a TPO, though a previous TPO was... View More
answered on Mar 3, 2025
If the person who has your children has temporary guardianship then you can file to terminate that guardianship. If they have custody you can file for a modification of custody. But you can always take that person back to court to get custody of your children back. Or if you just want visitation... View More
I'm dealing with a situation where the father, who has 50/50 shared custody, is trying to change the location of the supervised visitation, which was previously agreed upon in the divorce decree and approved by the judge. The visits were supposed to take place at a local counseling center, but... View More
answered on Mar 3, 2025
It is hard to answer this question as accurately as possible without viewing the actual court order, either the final order which addresses visitation or the parenting plan. But without having viewed any documents, I would say no, neither party can change the location ordered by the court for the... View More
I have joint custody with my daughter's father in Georgia, but I am the custodial parent. My daughter was not in the car when his girlfriend, who drove his police car while intoxicated, was arrested for DUI and open container violation with her daughter in the car. My daughter has told me that... View More
answered on Feb 19, 2025
You have every right to be concerned and I advise you take action as this relates to health and safety. You need to reach out to your family lawyer and craft a plan to address and ensure the child is not being cared for in a negligent manner, as the DUI shows is happening.
It is routine... View More
In February 2023, I became the custodial parent of my 16-year-old daughter and initiated a child support order against her mother. Although I attempted to serve the mother, she was never successfully served. Can I still pursue back child support, and what steps should I take to address the lack of... View More
answered on Mar 3, 2025
The state of Georgia does not award retroactive child support. When you do obtain a child support order, it will be from the date the order was signed going forward. It will not address child support prior to the date of the order. But it seems like your focus should be on having the... View More
I've expressed that I feel that my privacy is being invaded, and they say that under their roof, as a minor, I don't get privacy. I really need help with this because I pay my phone bill, I have a part-time job, and I'm a dual-enrollment student at college. I feel I'm being... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2025
The legal question is whether this conduct is illegal. It is not. When you turn 18, you can always make sure the phone is transferred to a new account in your name and you will be able to have exclusive access to your phone once you are an adult.
answered on Mar 3, 2025
Hire an attorney who represents parents in these types of cases so they can petition the court for the return of your child or children. You may have to agree to random drug testing but that shouldn't be an issue if you want to get your children back. But I would move quickly so your kids... View More
Knew It was over between us. But after the incident, he has not reach out to our son or helped in any kind of way. It’s been 4 months now. He’s been completely absent. And his lawyer and him seem to be doing everything they can to prolong the court hearing. Can I ask for this to be dismissed... View More
answered on Mar 3, 2025
You can ask for anything but that doesn't mean you're going to get it. The case is unlikely to get dismissed and if the father has an attorney you should have one too. His motives for filing for legitimation don't matter. He has a right to legitimize and in that action, he can ask... View More
Both parties are technically guilty for not following actions in time and are both months overdue, however communication has been sought between both parties attorneys. I am curious if there is a template I can use to draft my response and how I counter it to say that the other party is also... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2025
There is not a template you can use. You can just respond in plain language regarding the allegations. You also cannot file a counterclaim to a contempt action. You have to file your own case if the other party is in contempt.
answered on Jan 24, 2025
I think you need a lawyer because I don’t understand your question. A divorce should encompass custody, temporary and then permanent. And if the child is with someone other than your spouse then I would still use a lawyer to file for primary custody.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2025
Whether he's on the birth certicate is irrelevant. In order for an unmarried father to have rights, he has to fIle for legitimation and get a legitimation order.
Is There a Case Law / Law's in Georgia were Father was granted Primary Physical Custody in a none married couple case? Child live with both parents from birth, mother moved out the home1st time, child continue to live with father, mother moved a 2nd time to another county, again child continue... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2025
Neither party "should" be granted custody. It's a case by case basis based on the facts under that case. The court considers all the following, then decides. OCGA 19-9-3
(3) In determining the best interests of the child, the judge may consider any relevant factor... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
