I don't want to pay child support if he's living with me she won't agree to that
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
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
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.
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.
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
Non family member and the older brother took the kids meet the father and then father drove them back across state lines
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
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
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
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
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.
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
My question is ,How do I go about getting grandparents rights,so I can C & spend time with my grandaughter.?
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
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.
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
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
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
answered on Dec 12, 2023
No, it's not illegal. If your girlfriend wants contact with you, she will find a way.
Does this make it bad for him if he stopped communicating with me and denies visitation until we get a court date?
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
He wants to legitimize her but refuses to come visit until we go to court.
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
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.
What are my odds of getting equal custody
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
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
What are my chances of keeping equal rights to my son
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
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.
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
Mother took the child and is denying the father access to the child
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
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.