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Georgia Family Law Questions & Answers
0 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: My wife has a child support agreement with her ex. What would happen if she becomes a stay at home?

I want to make my wife stay at home but she is afraid because of the child support agreement. She is afraid that she will lose custody.

1 Answer | Asked in Family Law for Georgia on
Q: What steps do grandparents take for permanent guardianship of grandchildren?

My husband and I brought our grandson home from the hospital to prevent him from going into state custody. My stepdaughter has an open CPS case with another child as she has been deemed unfit to care for her children. The case worker allowed us to submit a statement which was signed by a notary to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 4, 2023

I would advise you to hire an attorney to represent you in this situation. Because an attorney can draft the proper documents and file them with the court. An attorney can also speak to the Department of Family & Children's Services on your behalf, which will make the process go much... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Georgia on
Q: I want to kick my step daughters boyfriend out my house but my wife won't let me.

They moved in over a year ago they didn't want to pay rent so they could save up for there own place. We said he had to have a job and they had to buy the food and snacks for her 2 daughters that have been Living with me for 4 years now while she got on her feet. He worked first week here... View More

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 30, 2023

Your wife has just as much right to invite people to live or not live there as you do. So, you can try to kick him out - she can let him back in.

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Georgia on
Q: I'm in a custody battle and the opposite party is trying to change the sexual identity of my 6 year old born female

Is this illegal what can I do to stop it my daughter even kissed another girl at school she's showing her videos of this girl who's pretending to be a boy on a show called Micky and JJ my daughter acts strangely around them my lawyer won't let me call CPS what do I do

James L. Arrasmith
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answered on Nov 28, 2023

In a custody battle, the primary concern is always the best interest of the child. If you believe that the actions of the other party are not in your daughter's best interest, it's important to address this through legal channels. Discuss your concerns with your attorney, emphasizing the... View More

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2 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for Georgia on
Q: Live in Ga, wife is divorcing after emotional cheating with coworker. Post discovery continued relationship, but said

She ended it. Discovery in feb and admission in Sep. has blam me for it, convinced mutual friends that I am not mentally stable resulting in isolation, misled couples therapist etc. I have offered options to reconcile even after the admission of lying about ending relationship. Instead she is... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

You can obviously make any allegations you want, the same as she. Whether the court will consider those allegations cruel treatment is up to the judge. At this point since you have completed some form of discovery, I would focus on preparing for trial. And if you can't hire an attorney, the... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.

He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay.

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 22, 2023

You may qualify for a divorce by publication if his location is truly unknown. However, with a divorce by publication the court is limited on the issues they can decide and often will be prohibited from making determinations on issues such as child support and equitable division if there is no... View More

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1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: dfcs dependency petition: can i file one motion with my gf or do we need to submit the same motion twice individually?

want to file a couple of motions, one being a motion to dismiss.

do we need to submit only one motion with one or both parties named?

in this instance does it really matter since if granted, the case would go away for both parties anyways?

or would it go away only for the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

Unfortunately this is not the best forum to get step by step instructions on how to handle your own legal representation. If you want to file a couple of motions I would google those motions and see if you can find assistance. And you file a motion on your own behalf for relief you personally are... View More

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

Martha Warriner Jarrett
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answered on Nov 17, 2023

Once you fall three months behind on your mortgage payments, your lender will likely start foreclosure proceedings. A chapter 7 would delay but not prevent foreclosure (unless you have a lot of equity). A chapter 13 would allow you to bring the payments current over the course of a chapter 13 plan... View More

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1 Answer | Asked in Civil Litigation, Family Law and Social Security for Georgia on
Q: I was common law married in ga 19 years when ga recognized it we never divorced but I legally married and divorced

Another man I want my common law husband's survivors benefits social sec says no because we never divorced we had a child so am I eligible or am I a bigamist

James L. Arrasmith
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answered on Nov 17, 2023

In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I file for an uncontested divorce in Screven county georgia?

We are both seniors, there are no children and there are no assets, we just want a none contested straight divorce. Where do I file, Screven county probate?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 16, 2023

To file an uncontested divorce you will need to file a summons, petition for divorce, acknowledgment of service, consent to trial in 31 days and a marital settlement agreement. If there are children involved, you will also need to file a parenting plan, child support worksheet and child support... View More

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1 Answer | Asked in Family Law for Georgia on
Q: I want to know if a Conservator gets removed from her child’s Conservatorship then do you have the

Right to appeal the judge’s decision?

T. Augustus Claus
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answered on Nov 16, 2023

Yes, you have the right to appeal the judge's decision to remove you as conservator of your child. In Georgia, any party who is dissatisfied with a judgment of the probate court may appeal the decision to the superior court. The appeal must be filed within 30 days of the date of the judgment.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Georgia on
Q: child was adjudicated dependent with consent i didnt affirm. can i modify to contested, new hearing, vacate, reconsider?

we appeared via zoom to the adjudicatory hearing. prior to my testimony & didnt consent on the record, we lost connection to the hearing. upon reconnection, the hearing was over and didnt know the outcome. i contacted my attorney and the case worker numerous times requesting the court order and... View More

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

You have an attorney. You should be discussing any issues you have with any orders and the outcome of your case with your attorney. Another attorney can't even represent you while you have a current attorney on record. Sit down with your attorney and discuss what happened in your case.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: My ex has threatened suicide. How do I prevent visits until he is evaluated and helped?

My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I... View More

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

If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Is there a attorney that is willing to represent me and my daughter for FREE? Court Date in Dec. 2023, Family Law Matter

Greetings, Single father here. I need your help! May you assist me pro bono / FREE in getting my 5yo daughter back in my home my daughter's permanent residents since birth!

I file all documents petitions & motions myself accepted by the court. need assistance you the attorney... View More

James L. Arrasmith
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answered on Nov 12, 2023

Unfortunately it can be very difficult to find an attorney willing to take on a family law case pro bono or for free. However, here are some suggestions that may help:

- Contact local legal aid organizations in your area - they sometimes take select family law cases for free for low income...
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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My daughter's mom had a baby with another man while we were living together. After having the baby she cut me out
Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

I'm not sure what your question is, based off of what you have written. The mother does not have to provide you access to a baby that is not biologically yours. However, if there is another child or children that she is denying you access too, you can take her to court to request visitation.... View More

1 Answer | Asked in Family Law for Georgia on
Q: If my daughter's mom had a child with someone else while we lived together and then cut me out of my daughter's life.

It's been almost 3 years. Please help me

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

You have a right to be in your child's life. If the mother is denying you access to the child and you all were never married, you need to file an action to legitimize. In that action you can petition the court for joint legal custody & visitation. You can ask the court to allow you... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: In Georgia, with separate finances, can I be liable for my spouse's debt in a divorce if incurred against my wishes?

My spouse and I maintain separate finances (separate banking accounts, credit cards) but share a mortgage (that only one spouse pays). My spouse has previously incurred debt that I paid off for them. They are now incurring debt again against my wishes. In the case of a future separation would I... View More

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 10, 2023

Marital debt is divisible in a divorce. Once you know about the spending habits and you know debt is being incurred, you can't file for divorce 5 years later and wash your hands of it. If it is a big enough of a problem to end the marriage, then end the marriage. If not, then you are... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: GA child support remains until child turns 18 high school GRAD or 20. does CSS stop child support or do I need a lawyer?
T. Augustus Claus
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answered on Nov 9, 2023

child support remains in place until the child turns 18, graduates from high school, or turns 20, whichever occurs later. However, the Child Support Services (CSS) will not automatically stop child support when the child reaches one of these milestones. The parent paying child support must file a... View More

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I have a temporary guardianship document done outside of the court. can she come and get the child whenever she feel
Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 8, 2023

Guardianship paperwork that has not been made an order through the court is not enforceable. So yes, the parent can come and retrieve the children because you don't have a court order, even if the paperwork is notarized. You need an order giving you guardianship. And you have to go through... View More

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