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Georgia Family Law Questions & Answers
1 Answer | Asked in Immigration Law, Child Custody, Constitutional Law and Family Law for Georgia on
Q: Can USCIS treat I-751 with Hague order as marriage fraud in Georgia?

I was married to a foreign spouse who obtained a conditional green card through our marriage. After receiving it, my ex filed for divorce and later submitted Form I-751 claiming a good-faith marriage. There is a U.S. federal court order under the Hague Convention concerning International Child... View More

James L. Arrasmith
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answered on Nov 7, 2025

USCIS evaluates I-751 petitions to determine if a marriage was entered in good faith. Evidence of a divorce soon after conditional residency and actions like violating a Hague Convention order could raise red flags and may lead USCIS to question the bona fides of the marriage. Your fraud complaint... View More

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Georgia on
Q: What steps can be taken to protect a child from a mother with a drug addiction and violent behavior in GA?

I am worried about the safety and well-being of a child who is currently in the care of his mother, who is allegedly struggling with drug addiction. The child's grandmother has reported that the mother has been taking the child to a liquor store and bringing him home late at night. The child... View More

James L. Arrasmith
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answered on Nov 5, 2025

That sounds like a heartbreaking and urgent situation, especially with a child’s safety at risk. In Georgia, when a parent’s drug use or violent behavior threatens a child’s well-being, immediate steps can be taken to protect the child. The first and most critical action is to contact the... View More

1 Answer | Asked in Civil Litigation, Family Law and Probate for Georgia on
Q: Can I inherit from both my legal and biological fathers in GA?

I was raised by my legal father, who signed my birth certificate and paid child support until I was 18. After my biological father passed away in 2019, I was named in his will, and with a DNA test, I filed a verified petition to be recognized as his heir, which was settled. My legal father recently... View More

James L. Arrasmith
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answered on Nov 3, 2025

You can inherit from both men when each chose you as a beneficiary. Georgia law lets a person give property to anyone by will, regardless of blood or legal parentage, and your life‑insurance payout follows the contract’s beneficiary designation rather than probate heirship rules.

On...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Georgia on
Q: How to proceed with divorce and financial recovery in an abusive marriage?

I have been in an abusive marriage for 32 years in Georgia, where I’ve experienced both financial and other forms of abuse from my spouse. He has controlled the finances, restricted my access to funds, and there is a history of abuse on record. I urgently need to file for divorce and retrieve the... View More

James L. Arrasmith
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answered on Nov 2, 2025

You start by securing your safety and leverage the Georgia Family Violence Act. Seek an ex parte Temporary Protective Order immediately; ask for no-contact, exclusive use of the residence, temporary custody if applicable, and temporary support, and request a financial restraining order that bars... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How to file for guardianship of grandson in Georgia?

My son, who had sole custody of my grandson, recently passed away, and the whereabouts of my grandson's mother are unknown. I want to file for guardianship of my grandson in Georgia. What steps should I take, and what documentation will I need to proceed with this process?

James L. Arrasmith
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answered on Oct 31, 2025

I’m very sorry for your loss. In Georgia, you can request legal guardianship of your grandson by filing a **Petition for Letters of Guardianship of a Minor** with the **probate court** in the county where your grandson currently lives. Since your son, who had sole custody, has passed away, the... View More

2 Answers | Asked in Divorce, Domestic Violence and Family Law for Georgia on
Q: Is threatening my child grounds for divorce in GA?

I have been married to my current wife for less than a month, but she has threatened my child, saying she would kick her in the face. The mother of my child has proof of her harassing messages and has filed police reports. I am becoming increasingly concerned about my child's well-being and... View More

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on Oct 30, 2025

In Georgia, you don't need grounds for divorce. There are several grounds for divorce and one of them is that the marriage is irretrievably broken, which is another way to say you don't want to be married anymore and don't have a specific ground such as adultery, substance abuse,... View More

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1 Answer | Asked in Car Accidents, Family Law and Personal Injury for Georgia on
Q: How is a settlement for a minor managed in Georgia especially for essential needs?

My son, who is a minor, was involved in a car accident, and we have been approved for a gross settlement of $50,000, leaving us with a net settlement of $20,000. We are in Georgia, and I'm seeking advice on how the settlement funds will be issued and managed, especially since he will need them... View More

James L. Arrasmith
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answered on Oct 29, 2025

In Georgia, when a minor receives a settlement, the court takes steps to ensure the money is protected and used only for the child’s benefit. Because your son’s net settlement is $20,000, the court will likely require that the funds be placed in a restricted account or under a conservatorship.... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: I have a question about being in contempt for getting behind on child support payments.

I have been served with a contempt of court notice for past due child support. Due to financial difficulties and a change of job, I fell behind on payments. I was involved in a class action lawsuit that required me to leave my previous job, leading to 1.5 months of unemployment. Since then, I have... View More

James L. Arrasmith
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answered on Oct 29, 2025

Contempt in Georgia turns on willfulness—whether you had the ability to pay and chose not to. Your 1.5 months of unemployment, the drop to commission income, the $1,993 already paid, and a scheduled $2,000 payment all support a good‑faith inability narrative rather than defiance.

In...
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2 Answers | Asked in Child Support, Civil Litigation and Family Law for Georgia on
Q: Can I request a venue change to delay a contempt of court hearing for child support?

I have been served with a contempt of court notice for past due child support. Due to financial difficulties and a change of job, I fell behind on payments. I was involved in a class action lawsuit that required me to leave my previous job, leading to 1.5 months of unemployment. Since then, I have... View More

Regina Irene Edwards
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answered on Oct 28, 2025

The contempt may be filed in the county where the original judgment was issued. Therefore, it doesn't matter where you live now. If the case was filed where the old one was, venue is correct.

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1 Answer | Asked in Family Law for Georgia on
Q: Can an adult child file a petition to establish paternity in Georgia for family history and medical reasons?

As an adult child, can I file a petition to establish paternity in Georgia? I want to have a clear understanding of my family history and medical genetics, and I am not seeking any immediate legal or financial benefits. There has been no previous legal action regarding paternity to my knowledge.... View More

James L. Arrasmith
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answered on Oct 28, 2025

Yes, as an adult in Georgia, you can file a petition to establish paternity, even if your purpose is solely for family history or medical reasons. Under Georgia law, a paternity action is not limited to minors—it can also be initiated by an adult child, the alleged father, or other interested... View More

1 Answer | Asked in Family Law for Georgia on
Q: How can I restore parental rights in Carrollton, GA?

I am looking to restore my parental rights in Carrollton, Georgia, following an agreement that currently affects my ability to care for my son. What legal steps should I take to achieve this?

James L. Arrasmith
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answered on Oct 27, 2025

Restoring parental rights in Georgia can be a challenging process, but it is possible under certain circumstances. The first step is to determine whether your parental rights were **terminated by a court** or if you voluntarily **relinquished custody or guardianship** through an agreement. If your... View More

1 Answer | Asked in Child Custody, Gov & Administrative Law and Family Law for Georgia on
Q: Can DFCS remove my baby due to living in a hotel?

I am currently in a legal situation regarding the custody of my 1-week-old baby in Georgia. My sister-in-law informed me that DFCS had contacted her about taking custody of my baby until she presented a temporary emergency guardianship paper. We have an upcoming court date on October 28th to... View More

James L. Arrasmith
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answered on Oct 27, 2025

No—DFCS cannot remove your newborn solely because you live in a hotel. Georgia law requires either a court order or an emergency showing that the child faces imminent danger, and poverty or unconventional housing, by itself, does not equal neglect. When you provide safe sleep, formula, diapers,... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: How can I prove my innocence in felony child abuse and battery charges?

I am facing multiple child abuse and battery charges, and I have been interrogated by law enforcement three times. The charges involve incidents with my children. How can I prove my innocence in these felony charges? I have some evidence and potential witnesses that may support my case. What steps... View More

James L. Arrasmith
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answered on Oct 26, 2025

You protect yourself first: stop all interviews, clearly invoke your rights (“I want a lawyer; I will not answer questions”), and do not consent to searches or informal “clarifications.” Retain experienced Georgia counsel now, because felony child‑abuse prosecutions move fast and every... View More

1 Answer | Asked in Family Law, Juvenile Law and Probate for Georgia on
Q: Can I revoke guardianship for my daughter, staying in GA hotel?

I was pressured into signing a Delegations for Guardianship/Power of Attorney of Minor Child form for my daughter's uncle to take her to the doctor. I intended only for medical visits, but now it's become a juvenile court issue. I took revocation papers to the probate court, but they were... View More

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answered on Oct 25, 2025

You’re in a difficult spot, but you still have legal options to regain custody and clarify the situation. In Georgia, a “Delegation of Power of Attorney for the Care of a Minor Child” is temporary and can be revoked at any time by the parent who signed it, unless a court order has since... View More

1 Answer | Asked in Divorce, Car Accidents, Contracts, Family Law and Personal Injury for Georgia on
Q: Options for extending mortgage name removal deadline post-divorce due to financial hardship?

My divorce was finalized in December of last year, with an agreement to remove my ex-wife's name from the mortgage by December of this year. Recently, I was involved in a traffic accident that resulted in the loss of 32 days of pay, and I now need to finance a new car. This has pushed my... View More

James L. Arrasmith
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answered on Oct 25, 2025

In Georgia, the property‑division terms of a final divorce decree stay fixed, but a judge may enforce those terms and set reasonable compliance conditions without rewriting the deal. Because your decree sets a refinance/assumption deadline but no remedy, you can either stipulate to a new date... View More

1 Answer | Asked in Immigration Law, Child Custody and Family Law for Georgia on
Q: Can frequent travel affect my conditional green card status in Georgia?

I am currently divorced and hold a conditional green card with an extension letter. I frequently travel between the U.S. and my home country, usually staying in the U.S. for less than 3 months at a time, and then spending about 2 months abroad. My 3-year-old child lives in my home country. Could... View More

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answered on Oct 24, 2025

Immigration law operates at the federal level, so Georgia does not change the rules. Your pattern of two‑month trips abroad with returns to the United States for under three months does not, by itself, terminate conditional resident status. You must maintain a true U.S. domicile and a present... View More

1 Answer | Asked in Family Law and Estate Planning for Georgia on
Q: Can I file a Power of Attorney for a minor child if the father refuses to sign?

Can I file a Power of Attorney for a minor child in Georgia if I have the mother's signature and permission, despite the father's refusal to sign his part while he is incarcerated for an unknown duration? There are no court orders or custody arrangements, and I am the child's uncle,... View More

James L. Arrasmith
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answered on Oct 24, 2025

Yes—you can proceed. Georgia’s Supporting and Strengthening Families Act lets one parent delegate caregiving authority to an adult relative (an uncle qualifies) for up to one year by executing the statutory Power of Attorney to Delegate the Care of a Child; you must sign as agent, the mother... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Georgia on
Q: Is court needed for temporary guardianship in Georgia or can a non-court power of attorney suffice?

I'm in Georgia and I'm considering helping out parents until they become financially stable. I want to know if it's required to go to court to establish a temporary guardianship over their minor child, or if it's possible to use a non-court power of attorney instead. My main... View More

James L. Arrasmith
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answered on Oct 23, 2025

If both parents consent, you can avoid a court order by using Georgia’s Power of Attorney for the Care of a Minor Child to delegate day‑to‑day and medical decision‑making to a caregiver.

This is a notarized, parent‑executed document that the caregiver also signs, and a copy must...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Should I pursue custody modification in GA given my schedule and circumstances?

In Georgia, a judge awarded joint custody of our elementary school child, but granted primary physical custody to the mother. The mother works night shifts from Sunday to Wednesday, while I work a typical 9 am to 6 pm shift and am married. Despite this, I'm required to pay child support and... View More

James L. Arrasmith
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answered on Oct 22, 2025

You should pursue a targeted modification, but frame it around the child’s best interests and a demonstrable change in circumstances since the last order. Facts the court already weighed—her regular night shift and your historic weekday care—will not, by themselves, justify a change, but your... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How to handle unexplained $75 service fee after legitimation case?

In a recent legitimation case, the superior court judge signed off on legitimation, custody, and set up child support payments to be made directly to the mother, starting October 1st. The judge mentioned the case would supersede the existing child support order and that it should be dropped.... View More

Regina Irene Edwards
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answered on Oct 22, 2025

If you were not ordered to pay the service fee, you do not have to pay it. You have to contact child support services and give them the new order so they an replace the old order with the new order.

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