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Georgia Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Georgia on
Q: I tested positive for meth and my baby did as well. Defacts says the only option I had is to give the baby up

To my adopted mom and I couldn't live with her or come see my child. I currently work as a caregiver for an elderly gentleman in exchange for a room in his house. They say I'm homeless because of that. I go to court tomorrow morning, I agreed to out patient rehab, random drug tests and... View More

James L. Arrasmith
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answered on Sep 11, 2024

In your situation, it's important to know that you have legal rights, and you should consider seeking the assistance of a legal advocate or attorney who can represent you in court. You have the right to present your case, showing your willingness to participate in outpatient rehab, take random... View More

1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Help needed asap!!

Hello!

I am from Georgia. My sons late grandfather has had custody of him since he was small due to the hostile nature mine and my sons late fathers relationship. Since my sons grandfather has passed away, I have been sent paper work that has been nothing but LIES! How do I go about filing... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

It is uncertain what papers you were served with that contained false statements. I would suggest you speak directly to an attorney so you can explain what action has been filed, what papers you were served with, and get some clarity.

3 Answers | Asked in Child Custody, Civil Rights and Family Law for Georgia on
Q: Child Custody Modification

I have joint custody.My daughter lives with her dad (in Newnan Georgia..(he is domicile parent)She is currently in the hospital due to suicide.Im now wanting full custody what can I do.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

File for a modification of custody and the best advice I can give is to hire an attorney to assist you in this action. And if the father has primary physical custody you should file the action where the father lives, as he is the defendant.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Anyway I can terminate child support?

I had a baby out of wedlock she put me on support and won’t let me see the child due to not being legitimized, anyway to terminate the support?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

No, a court does not allow a father to terminate a child support order because he does not see the child. If you want visitation you will have to file the proper action and seek those rights. You could be paying child support for 18 years and never see the child. You will need to take the mother... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can my child still decide not to go to his fathers even with a court order now that he is 14?

In November 2023 I finally took my sons father to court for child support after receiving no help for 14years other than cash app of $20 every so often. We signed documents stating he would go to his fathers every other weekend and every other week during the summer. His father however changed the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

The answer to your original question is no. Your 14 year old child cannot decide he is no longer going to go to visit his father. If you want to change the visitation and/or remove some visitation, you will have to take the father back to court. But if you do not send the child, you could be... View More

2 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Can I terminate my rights?

I had a baby out of wedlock and she put me on child support but won’t let me see the child. They see me as a donor? Can I terminate parental rights to terminate the support?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 16, 2024

Terminating your parental rights will not terminate a child support order, nor will it relieve you of the financial responsibility of paying child support. It will simply mean you have no access to the child and no relationship.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I think my husband is planning on divorce me..I have always been a house wife and have raised two adult children..

We now have a 7 year old and I don’t have money for divorce lawyer..My husband gives me allowance to pay bills, grocery, provide for our child and etc..I own nothing..I know he will attempt to get full custody of my daughter..I need advise of how this works in Georgia

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 16, 2024

You need an attorney, that is my advice. A attorney that can get temporary matters in place so that you have your household expenses taken care of while your divorce is pending. Because until you get a temporary order, he could stop paying all the bills and there would be nothing you could do... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How does a divorce work in Ga while I am a housewife with no access to money..Everything is in my husbands name.

We have been married for 20 years and we chose for me to a be stay at home mom..We have successfully raised two adult children…We have a 7 year little girl now. As of today, I feel he is having an affair and getting ready to ask for divorce..I need to get information of my rights and get my self... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

If you have no access to bank accounts and cash, I would use credit cards, borrow money from family & friends, or whatever you have to do, to hire an attorney. Once you use those funds to retain an attorney, that attorney can seek funds from the court on a temporary basis to pay your... View More

2 Answers | Asked in Child Custody for Georgia on
Q: Can a mother terminate biological fathers rights after divorce without their acknowledgement
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 16, 2024

No, in order to terminate someone's parental rights you have to obtain an order from the court. Which means you must file the proper action, have the defendant served, and appear before the court and plead your case.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Child visitation states the father gets 2 days a week for visitation on his days off from work. To start at stop at scho

Ol dismissal or 3 pm shall school not be in session. Does that mean 3 pm on first day he gets them and returns them 3 pm the second day?

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

We cannot see the actual wording of your document so we cannot answer your questions about what it means. I would suggest consulting your previous attorney or if you represented yourself, a new attorney who can review the document and advise you properly.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: It’s my ex-husbands weekend for our son. He thinks I need to find childcare on his weekend. Is this true ?

He gets our son from Friday night - Monday morning . I have him Monday - Friday morning . He called me Saturday saying I needed to come pick him up and I explained I had plans for my daughter’s birthday. He’s saying I have to watch him because I’m his mother. I get I’m his mother but I... View More

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

If he does not appear to exercise his visitation you cannot force him. Therefore, it is likely you will have to keep the child. I would review your court order. This forum is for questions regarding people who haven't been to court and don't know how to address an issue, not those who... View More

1 Answer | 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

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

You no longer have any rights. Any time the child was allowed to live with you did not make you the legal guardian, it was simply a gift. The adopted parents still have all rights.

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 Family Law and Child Custody for Georgia on
Q: Hi I'm a resident of ga my ex we were never married is suing for custody of our kid. They reside with me he recently mo

Moved to Texas hr filed in ga I'm considering moving to fl would it be more advantages to remain on ga

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

I'm sure a standing order went into effect when the case was filed that would prohibit you from moving the children out of the jurisdiction while the case is pending. You can move to FL but likely cannot take the children with you. Hire an attorney.

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 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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