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Georgia Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What do I need to do to make my son who is now 15 living with me legal?

I don't want to pay child support if he's living with me she won't agree to that

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

If you have a child support order in your name and the child now lives with you, I would hire an attorney to file for a modification of custody, and ask for a temporary hearing, for the court to award you temporary physical custody. The mother may come and get the child back once she is served.... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: If I told the judge I felt she was not being biased and was not even looking at my evidence can she deny change venues

It didn't matter how much evidence I had against the plaintiff or proof he was lying she specifically said she did not care and continue not to look at any of my evidence

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 5, 2024

Unfortunately, sometimes judges don't listen to pro se litigants representing themselves. If you felt like the judge wasn't being unbiased, then my best advice would be to hire an attorney.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can I get custody of my nephew if im not blood related to him? Do I need to add my husband to the case since he is blood

We took care of my nephew for the last 2 and half years even though we were not his legal guardian while his legal guardian was homeless. She took him back because she got mad at me. Her household is violent and unstable and we want our nephew back.

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

The party who is blood related may have a better chance of obtaining custody. However, of course you can petition the court for custody yourself. You will have to prove being the child's guardian is what is in the child's best interests, and you may have some opposition from the current... View More

2 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Q: If someone takes a child under 14 out of state mom who has no court ordered custody whats the penelty

Non family member and the older brother took the kids meet the father and then father drove them back across state lines

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

The facts you have stated are confusing as the mother always has sole legal and physical custody of a child until the father legitimizes, if the parties were not married when the child was born. Yet, if the mother lost custody, your facts don't state who has custody for there to be any issue... View More

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I live in GA. I want to give my husband full custody of our son. What does this entail?

I have a 5 month old little boy and my husband and I want a divorce. I work very long hours and I am mentally drained all the time and am dealing with some mental health issues which I feel need to be handled. My husband wants to fight me to the ends of the Earth for our son. I am willing to give... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

You can file for divorce. And in that divorce you can fill out a parenting plan with the custody & visitation you would like the court to award the parties in said action. Or you can sit down with your spouse prior to filing, and see if you both can come up with a parenting plan you both... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
James L. Arrasmith
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answered on Jan 1, 2024

If you're trying to serve a defendant who refuses to provide their address, you may need to employ alternative methods of service as allowed by Georgia law. First, consider hiring a professional process server, as they have experience and resources to locate individuals for service of legal... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Ive lived in GA for 4 years with my son(7) dad in NJ do I file in GA for sole custody, Dad has nvr met child but pays CS

Child born in NJ when we resided there moved when child was 2. Dad has never met or tried to meet child pays child support occasionally. Now in GA but never transferred CS order but would like to apply for sole custody as child has special needs and I want to get a trust set up.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If you're the mother and the father has never legitimized, you already have sole physical and legal custody under GA law. Therefore, you wouldn't file for something you already have. If the father now wants to file for sole custody, he should file in the county where the mother lives... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Hello, I am the grandmother of 1 said fifteen year old girl.She is my sons daughter, he was not married to her mother

My question is ,How do I go about getting grandparents rights,so I can C & spend time with my grandaughter.?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If the father will not legitimize and obtain visitation where you can visit the child during his parenting time, you should speak with an attorney and see if you meet the guidelines under GA law, to petition the court for grandparent visitation. Because there are guidelines under the law, where a... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: i want to move my divorce from gwinnett to walton county ga
Regina Irene Edwards
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answered on Dec 15, 2023

The divorce can only be moved from county to county if the case was filed in the wrong county. If the marital home was in Gwinnett or the respondent lived in Gwinnett at the time of filing, venue is probably correct in Gwinnett.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I’m looking for the best strategy to get my children back from the other parent who has refused to communicate.

The other parent has temporary custody and refuses my court ordered parenting time and cut off all communication. I was thinking about a petition for writ of habeas corpus and emergency return of child especially since he only has temporary physical custody as I am primary custodian by divorce... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

It is unclear why he would only have temporary physical custody if your divorce is final and you have a divorce decree, as you put it. Therefore, my best advice is to speak to an attorney. Because a petition for write of habeas corpus is not what I would advise. And again, if your divorce is... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My girlfriend (20) is 5 months pregnant and her mom has cut off all contact & is saying she’ll get me for harassment

I’m 23, once we told her mom they wanted to speak to her face to face, and she blocked me off my girlfriend social media accounts and every other way of contacting her. Is that illegal for her to keep me away from my girlfriend & unborn child if my girlfriend is an adult? How would I get... View More

Regina Irene Edwards
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answered on Dec 12, 2023

No, it's not illegal. If your girlfriend wants contact with you, she will find a way.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: My child’s father has stopped communicating with me and denied visitation but is taking me to court to get visitation.

Does this make it bad for him if he stopped communicating with me and denies visitation until we get a court date?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If the father refused to communicate with you and there is a court order allowing you to communicate the children and/or an order stating that he has to communicate you regarding decisions, then he is likely in contempt for his failure to allow you to speak to the children and his failure to speak... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My child’s father wants visitation rights but when he’s invited to visit he cancels what should I do?

He wants to legitimize her but refuses to come visit until we go to court.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

If he filed for legitimation you should hire an attorney. But he can file the action and ask for some form of custody and/or visitation. You can bring up his unwillingness to exercise visitation in the past before the court. But there’s nothing you can do about his refusing visitation right... View More

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1 Answer | Asked in Child Custody for Georgia on
Q: My child father wants to get my child legitimized but refuses to visit or buy her anything until court what should I do?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

Hire an attorney to represent you in the legitimation. Until you have a court order you can’t make him buy the child anything or pay support. But if he had filed an action, it would be in your best interests to have legal representation.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If I have a home steady job no criminal record and documentation of child support per aggremant

What are my odds of getting equal custody

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

There’s no way for an attorney who’s not familiar with you, the other parent, or the case to answer this question. You can petition the court for joint legal custody & visitation. The mother can oppose your requests and then the court will determine how they want to rule. I would speak... View More

1 Answer | Asked in Child Custody for Georgia on
Q: How much is lawyer fees for custody cases
Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

Attorneys typically bill by the hour for this type of case and charge you for the work they do on your case. Normally they require a retainer up front and bill at the hourly rate to the retainer you’ve paid. If your case settles it will usually be cheaper than a contested case and your attorney... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: I have documentation of paying verbal agreed child support and chack on my son every day. I have a good job and a house.

What are my chances of keeping equal rights to my son

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

Your question is unclear because I don’t know what equal rights are. You can obtain joint legal custody of your child, and one parent will be final decision-maker if both parents can’t agree. Physical custody if rarely “equal” as it’s difficult for the court to split time equally. But... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: The mother has left with the child and refuses to let me see him and she is living with a coworker. What should I do
Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 8, 2023

That depends. If there is a custody order, you would need to file a contempt action. If there is no order of custody, you would need to petition the court to establish one. That can be done through a legitimation action if you and the mother are not married or a divorce if you are.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: The mother is keeping my child from me and threatening to take custody what step should I take
Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

If you are married you should file for divorce if you want some form of custody and/or visitation. If you’re not married you will need to legitimize. But it’s unclear how she can threaten to take custody unless you are the parent who has custody right now. And if that’s the case, then... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If a father is not legitimized is it legal or illegal for the mother to up and move and take the child and deny the Fath

Mother took the child and is denying the father access to the child

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

If you were not married when the child was born and have not legitimized, then the father has no rights. The mother can take the child anywhere she wants and the father cannot stop her. Only when the father files to legitimize and has the mother served, will that prevent the mother from taking... View More

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