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Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Georgia on
Q: Do I need to attain counsel for a custody hearing in which the child was taken away from the mother?

The child was taken away from her, and I was made aware of his existence, and from there on, I’ve been pursuing the path of full custody.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 3, 2023

You can always choose to represent yourself. But I'm unsure why a pro se litigant, who is unfamiliar with the laws regarding custody & visitation would choose to represent themselves.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Georgia on
Q: How to get kids from CPS when you have had no allegations against you.

I was arrested for a traffic ticket and my kids were with me. My mother wouldn't get them and the lady wouldn't let my friend get em. My stepdaughter and their aunt tried. CPS lady said they had a hearing and daughter and aunt went to the court house and was told there was no hearing. At... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

You said that the children were left with you, but it is unclear whether there was an order awarding you custody or guardianship. I think you should speak directly with an attorney so you can provide more details about what rights you have to the minor children, then that attorney can determine... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My parents told me cameras in house don't work. They recorded a conversation I was having without my consent.is this leg

I haven't seen or heard video. If I don't have a lawyer do they have to share the evidence with me.i just signed the mediation papers and gave him what he wanted which is custody of our son. Can I get my son back

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 29, 2023

As you don’t have an attorney I would highly suggest you retain one. Then explain in more detail what the issues are in your case regarding mediation and the agreement. If you no longer want the agreement to become enforceable, you need to move quickly to make that known to the opposing party... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: My ex husband lawyer want send me copies of separation papers. Can she withhold them.

I have asked for a copy numerous times. They also tell me they have a recording of me,which I didn't consent to. Can they legally keep this information from me. The county in which they should of been filed has no record of them

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 30, 2023

Whether or not your spouse or ex-spouse has to send you copies of documents depends on what documents they are. It is unclear what documents you are asking for because you stated they were "separation papers." If you mean a complaint for divorce then yes, you should have been served... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Am I technically withholding visitation?

ex has history of FV with a FV Battery guilty plea in 2016 & FV Simple Battery charges pending jury trial both I was victim to.

I learned of a domestic dispute during a visitation weekend. There was drinking involved while at a friends pool, my ex was yelling at g/f and her 8yo and... View More

Regina Irene Edwards
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answered on Oct 29, 2023

You telling him to take you to court about parenting time is contempt. However, if the parenting plan allows for him to pick up the child from daycare on his weekends, and he has chosen not to, you may not be held in contempt. If you feel that parenting time would put your child in a dangerous... View More

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1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: If the GAL has been caught by investigators for aiding in crimes against children, what legal action needs to happen?

The GAL assigned to my case had been informed of the false allegations of multiple sexual child abuse reports made. The investigation reports clearly state my innocence, childrens danger with mother, and unlicensed/non-certified friend of the mother acted as if she was an expert witness. The GAL... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 30, 2023

You should be speaking to the attorney that was representing you in this case. Because it should be clear to them, since they were present with you in court and throughout this hearing, what misconduct happened, and how you all should proceed.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a custodial parent be held contempt of court if they fail to follow child court order in another state?

My child's Custodial parent moved to another state without court approval, and has failed to follow the court ordered visits and calls set by the courts and Judge. What's my legal rights or do I have any at this point ?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 28, 2023

Unless there was a court order saying the parent couldn’t move, they can relocate. Now what orders normally say is that they need to give the other parent proper notice of their intent to move, and there’s usually a certain period of time listed regarding how much notice like 30 days. So if... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: State of Georgia child custody. The non-custodial out-of-state parent abnegated 98% of their parenting time this year.

The parent is also several months behind on court-ordered child support. The child no longer wants to be obligated to travel out of state to visit the parent in the coming summer and winter holidays.

Is there a case to request the State to remove mandatory visitation rights from the absent parent?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 30, 2023

If you want to modify the current order regarding visitation, you will have to go back to court. Even if the child says they don't want to go, if there is an order giving the other parent visitation, you have to send the child, if they want to exercise that parenting time. If the other... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: State of Georgia child custody. The non-custodial out-of-state parent abnegated 98% of their parenting time this year.

The parent is also several months behind on court-ordered child support. The child no longer wants to be obligated to travel out of state to visit the parent in the coming summer and winter holidays.

Is there a case to request the State to remove mandatory visitation rights from the absent parent?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

First there are no mandatory visitation rights. Any visitation the non-custodial parent was given, the court saw fit to award that to them, but it wasn't mandatory that said parent receive a certain amount of visitation. Second, if you want to change the order, you have to file for a... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can you help me put into words what I should write for the motion of temporary hearing?

Hello, I am filing my own divorce paperwork. I am trying to file a motion for temporary hearing for child custody and am having a hard time trying to articulate my words to put on the form. It has been 4 months and my soon to be ex husband is not allowing me to see my child. He has sent me numerous... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 26, 2023

Unfortunately we cannot write out your argument for a temporary hearing in this forum. It is best that you hire an attorney to represent you because they would have likely filed this motion months ago or tried to come to an agreement with the opposing party on your behalf. If you cannot hire an... View More

1 Answer | Asked in Child Custody for Georgia on
Q: If the mother of my child is in jail an I don’t have rights how could I get my legitimate parental rights?

The only reason I couldn’t legitimize her at birth is because Covid lockdown at hospital wouldn’t allow us to leave our room. So they sent paperwork home with us An my child’s mother filled out the paperwork with out my knowledge and turned it in to health department without my knowledge.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 24, 2023

The paperwork you received when your child was born was probably not legitimation documents, but possibly a paternity acknowledgement. In order to legitimize a child you have to file an action in court and have the mother served, or the mother could have consented to the legitimation and you still... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Is it possible in GA for 1 parent to have primary physical custody and the other parent have primary legal custody?
T. Augustus Claus
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answered on Oct 18, 2023

In Georgia, it is possible for one parent to have primary physical custody, meaning the child primarily resides with that parent, while the other parent can have primary legal custody, which involves making major decisions regarding the child's upbringing. Custody arrangements can vary based... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: HOW DO I FILE AN ANSWER TO OBJECT LEGITIMATION ?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 18, 2023

An Answer is a response to the complaint within which you have been served. In your Answer you should admit or deny the allegations made by the Plaintiff. You can also state any objections you may have to the relief the Plaintiff is seeking. That relief in a legitimation action is typically... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: How does joint custody work if both parents do not live in the same state?

We divorced in Georgia. The father is in the army and is still living in Georgia. He said it was fine for myself and both of our kids to go back to Ohio to stay with my family. I am confused how joint custody works for us since he does not see them the way it’s written in our child care plan.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

If you want to modify the visitation or change custody, you have to file for a modification in GA, since the father still lives in GA. Is it worth you going back to court just because he doesn't exercise the visitation he has? The state of GA retains jurisdiction over all family law matters... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Where do I go to contest legitimation?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

If you are served with an action to legitimize and you are the defendant, you have thirty days to provide a response to the petition. In that response you can list all of the reasons why you are contesting the legitimation and why you do not think the petitioner should be granted any of the relief... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Do I take my child to the legitimation court hearing? & Do I have to wait to court to contest legitimation?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

If you have been served with an action to legitimize then you should respond within thirty days from the date you were served. In that response which is called an Answer, you should respond to each part of the petition with whether you admit or deny the statements made by the petitioner. I would... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Can I get a tpo if my kids are scared of their father. We are divorced
T. Augustus Claus
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answered on Oct 12, 2023

The court would generally need concrete evidence that your children are at risk due to their father's actions or behavior. This could include police reports, medical records, or credible testimony, among other forms of evidence. If the father's actions are causing emotional or physical... View More

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1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Georgia on
Q: Can a guardian ad litem be requested under the O.C.G.A SECTION 9-11-17
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 10, 2023

The court can appoint a GAL if they see that one is necessary. A party can also petition for a GAL to be assigned to the case. Then the court will determine if they are going to appoint one at that time or not. But if one of the parties is requesting that a GAL be assigned, be mindful that one... View More

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for Georgia on
Q: Hello I am in dire need of help with family law with additional sections I can bullet point. Single mom 5 kids

Domestic Violence

Slandering

Emotional financial and mental health

Criminal law

Civil rights law

Disorderly provocation to intice ptsd triggers

Theft

Unwillful and unlawful taking and holding assets and children to gain power and manipulate... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

You should speak directly with an attorney. I am unclear what your actual legal question is or what you need advice in reference to based on what you have written.

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Georgia on
Q: In the state of Georgia, can a text message be used as a legally bound contract?

This "agreement" would be related to payments being made to grandparents for a child's vacation by the child's biological and primary custody mother.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 6, 2023

A party is legally bound by a court order with regard to domestic matters. Text messages and emails that are not reflected in a court order parties do not legally have to follow, that is, again, in matters involving child support, child custody & visitation.

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