Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law and Civil Litigation for Georgia on
Q: My postnuptial was set aside because of Defendant's lies. How can I get my post nuptial back in.

There was a ruling for the change in facts and circumstances. The plaintiff was arrested and wasn't able to go back home for over a year the defendant has paid the bills for the home. However the funds was not explain to the court that it was money stolen from the plaintiff.

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

It would appear that these questions are inquiries you should make directly with your attorney. Because it would appear that you had an attorney who was representing you in this case.

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I inherited a home and then got married. If I refinanced it in my is it considered marital property now?

The house is in mine and my dad's name and mine and my dad's name is on the refinance. Husband nowhere on it.

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

If you ever get divorced, and your spouse asks for some equity out of the home, the Court will determine if he is owed anything and if so, what he is owed. And they may consider any money he has put into the home, any money he has paid on the home, whether joint funds contributed to the remodel or... View More

View More Answers

3 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What do I need to do to make my son who is now 15 living with me legal?

I don't want to pay child support if he's living with me she won't agree to that

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

If there is a court order giving the mother primary physical custody and you paying child support, you should file for a modification. If you were never married and never legitimized, the only way to get a child support order dismissed is for you to file for legitimation, and ask the Court for... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How can we protect finances frm your ex-spouse , coming back for alimony after the divorce final decree is in place?

Divorce final decree and parenting plan+ Child support is in place . Divorce final settlement agrrement was with no alimony as both the parties were independent financially. However,How do we protect ourselves from either of the spouses going after eachoher for alimony at a later point of time.... View More

Christina Brown
Christina Brown
answered on Jan 12, 2024

Typically a Settlement Agreement incorporates language that prevents either party from seeking alimony after the final divorce decree has been issued.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My daughters mother is deploying and wants to leave her with her other child’s father
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 16, 2024

If you haven't established legally that you are the child's father, you will have to do so in order to obtain visitation, so the child can be left with you. If you have not established your rights, the mother can leave the child with whomever she chooses. Taking the mother to court is... View More

View More Answers

2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

Agnes Jury
Agnes Jury
answered on Jan 7, 2024

You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More

View More Answers

1 Answer | Asked in Family Law for Georgia on
Q: I broke up with my boyfriend and he will not return my belongings. How do I get back

No formal written agreement exists

I have receipts for property being held

Christina Brown
Christina Brown
answered on Jan 12, 2024

Depending on what the property is and how it was obtained (ie- joint finances or separate finances), a demand letter could be sent to attempt to resolve outside of court. If no resolution, a lawsuit could be filed.

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My wife won the lottery, has been seeing about her guy behind my back and is now taking kids out country what do I do ?

She kept the winning concealed from me and ran off with this guy she’s our me through hell the last several years causing me to lose everything and now has her friends gang stalking me on line

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 8, 2024

You can hire an attorney and file for divorce. In that petition you will tell the court what relief you are seeking with regard to custody, visitation, child support, and the distribution of assets and debts. In the case you can determine what is marital property and what is separate property, to... View More

View More Answers

1 Answer | Asked in Family Law, Elder Law, Military Law and Social Security for Georgia on
Q: Contacted by estranged sister's (head injury/stroke) caregiver (deceased husband's cousin) to assume his POA. Must I?

Estranged (in TX since 1972) sister (DOB April 1954) falls in 2012due to Air Force knee injury (surgery & discharge 1974; also forced early retirement in 2011) & struck head, resulting in stroke hours later, which resulted in partial paralysis. Her husband cared for her until his death from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

You are not legally required to assume the power of attorney (POA) for your sister. Accepting the role of POA is a voluntary decision and carries significant responsibilities, particularly in managing her personal and financial affairs. Given your concerns about your ability to provide financial... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What do I need to do to make my son who is now 15 living with me legal?

I don't want to pay child support if he's living with me she won't agree to that

Alake Colwell Furlow
Alake Colwell Furlow
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

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: If I told the judge I felt she was not being biased and was not even looking at my evidence can she deny change venues

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

Alake Colwell Furlow
Alake Colwell Furlow
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.

1 Answer | Asked in Divorce, Family Law and Gov & Administrative Law for Georgia on
Q: The title for my motorcycle is in my ex's name, divorce is not finalized, but she's canceled the registration. Options?!

I am currently separated from my spouse and we are un the middle of a divorce that doesn't look to end soon. During our we traded in my motorcycle for a newer one, and titled it in her name. This is my only means of transportation. She doesn't even have a motorcycle license. The bike is... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

If the divorce is not yet finalized, you can address this issue during the divorce proceedings. You may want to consult with your divorce attorney to discuss the matter and potentially request the court to address the division of assets, including the motorcycle. The court can issue orders to... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can I get custody of my nephew if im not blood related to him? Do I need to add my husband to the case since he is blood

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.

Alake Colwell Furlow
Alake Colwell Furlow
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

1 Answer | Asked in Family Law for Georgia on
Q: Do I need to have proof my child’s father is the dad before filing a child abandonment warrant?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

It is very likely that the Court is going to want paternity established before they can determine the defendant is guilty of child abandonment. Please speak directly to an attorney. Because what is your goal with child abandonment? If you put the father in jail then he's not working, and he... View More

1 Answer | Asked in Family Law for Georgia on
Q: Can I file a child abandonment warrant without my child’s dad being on child support?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If the other parent is not spending any time with the child nor helping to take care of the child financially in any way, then yes, you can file for child abandonment.

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Are child abandonment warrants only for fathers on child support?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

The father does not have to have an order to pay support to file for child abandonment. Prior to having a court order, there is still a duty to pay support. And no, child abandonment actions can be for either parent. If the father has the child and the mother is not spending time with the child... View More

View More Answers

2 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Q: If someone takes a child under 14 out of state mom who has no court ordered custody whats the penelty

Non family member and the older brother took the kids meet the father and then father drove them back across state lines

Alake Colwell Furlow
Alake Colwell Furlow
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

View More Answers

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I live in GA. I want to give my husband full custody of our son. What does this entail?

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

Alake Colwell Furlow
Alake Colwell Furlow
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

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

View More Answers

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: can you file a contempt for child support and child abandonment warrant together?

can you ask the judge to order the maximum sentence of 12 months in jail? how do you request anger management and family counseling for the noncustodial parent during the hearing process?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If you have a court order for someone to pay child support, and it is not being paid in accordance with the order, then you can file a contempt action. If you don't have a court order and the other parent is not spending time with the child or providing any financial assistance, you can file... 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.