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Georgia Juvenile Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody, Juvenile Law and Small Claims for Georgia on
Q: my in laws have custody of our 11 yr old, we willingly have up our rights 8 yr ago.. we have our 7 yr old with us in our

new home. we lived at my in laws for 4 yrs, with our 2 children. we rent to own a new home for our children... the in laws will not give us a pair of socks for my 7 yr old, so he has nothing( yes we have bought him things) even his own laptop. we also want our rights back to our 11 yr old

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What can I do if a non-relative is keeping my child from coming home and I have full custody?

I have custody and there is no paperwork stating I dont.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 13, 2022

You can ask a Sheriff to go with you to where the child is located, after showing your order establishing your legal custody rights. If the Sheriff won't comply, you can swear out a warrant with a Magistrate or police for interference with custody.

If the child refuses to go with you,...
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1 Answer | Asked in Divorce, Child Custody, Communications Law and Juvenile Law for Georgia on
Q: am i allowed to record my facetime conversations with my daughter? Mother is an attorney & doesnt consent

Im recording bc mother has accused me of being drunk and slurring words .. so i bought a breathalyzer .. record blowing bf and after i facetime with my daughter .... i have been recording our facetimes bc of accusations ... mother emailed me said she doesnt consent to the recordings citing private... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 31, 2022

No. See O.C.G.A. section 16-11-62. While Georgia is a one-party state, requiring the consent of only one party to a telephone conversation to record that conversation, Georgia requires the consent of all parties to record a video chat (i.e. FaceTime) in a "private place and out of public... Read more »

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Georgia on
Q: Notice to the clerk not in proper form heard based on assertion?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 11, 2021

We cannot do anything for you because your "question" makes no sense. Try again and ask a specific question in proper question format.

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2 Answers | Asked in Juvenile Law, Family Law, Adoption and Civil Litigation for Georgia on
Q: Our parental rights were terminated in Juvenile Dependency case. Can our children be adopted w/out our knowledge?

My hubby showed for the TPR hearing, I did Not. Apparently, our rights WERE terminated. He didn't sign any paperwork, and, as I stated, I did not even go. Can our babies be adopted out without even our Knowledge? Also, can we adopt our own kids?!

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 28, 2021

If your rights were terminated, the children can be adopted with no notice to you.

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1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: 16 year old is being accused of being an accessory to armed robbery. Is there any way we can get her out of county?

She was accused to be with a boy that is 18 and committed armed robbery. She was taken to Fulton county juvenile detention center, they may try her as an adult and we are unsure of what to do.

Robbie Levin
Robbie Levin
answered on Sep 8, 2021

It may be possible to get her a bond. You need to hire an attorney ASAP.

For more information visit my website at www.LevinLawyerGa.com

-Law Office of Robbie M. Levin

Robbie@LevinLawyerGa.com

2 Answers | Asked in Family Law, Education Law, Health Care Law and Juvenile Law for Georgia on
Q: Divorced 2011 ex husband is primary care giver of our 17 daughter has a med conditions an he refuses to get her diagnose

He also let her quit school at 14 Ive been fightin this for 5 yrs PLEASE IM BEGGIN FOR HELP. my child cant walk and has a 6th grade edjucation. Every time i try to do something he has me locked up or restraining order taken out on me. Please help me

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Sep 7, 2021

It would appear the only way you are going to move forward is with the assistance of legal counsel. Meet with an attorney as soon as you can to discuss your options.

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2 Answers | Asked in Family Law, Civil Rights and Juvenile Law for Georgia on
Q: Dfcs is petitioning to remove my daughter's rights due to her substance abuse problem. Is there anything we can do?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Aug 20, 2021

Absolutely. Find and retain an attorney who is experienced in handling cases involving DFCS.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: If my son on probation for aggravated assault with knife and got a new aggressive assault case will he get out
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Aug 15, 2021

Not likely, but you may want to post in the criminal law section.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: I'm having to go to a preliminary protective hearing for my children what can I take with me to help me get mychildren
Homer P Jordan IV
Homer P Jordan IV
answered on Jul 20, 2021

We would need to know more about your case in order to provide you with guidance. You may want to consult with an attorney who can review the case in detail and present you with the right route to address this.

1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: Is there much that a policeman can do about this situation?

I’m 17. I’m two months away from being 18. I’m moving out and teaming with a trusted friend as a roommate and I’m going back to work and I have a small business as well. I just don’t want to be at home anymore. Is there not much a policeman can do since I’m so close to being 18? I... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jul 19, 2021

Forget emancipation. Not enough time to make that work. Until you are 18, your parents rule the roost. Should an adult help you move out before you are 18, that person could be charged with interference with custody. It's only 2 months. Focus on the positive things you should be doing... Read more »

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Need help with appeal process

Three years ago my daughter was in abusive relationship her bf wouldn't let me take the baby and my daughter would steal from Walmart to support her daughter cause the baby father was addicted to pills and would abusive to her. Well she got caught twice put on probation and went to jail for... Read more »

Kedra M Gotel
Kedra M Gotel
answered on Jul 7, 2021

Your daughter doesn't have an appeal appealable issue. She simply needs to revoke/terminate/end the guardianship in a signed writing. The Division of Family and Children Services did not initiate a petition of protection nor did they seek termination of your daughter's parental rights.... Read more »

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1 Answer | Asked in Juvenile Law for Georgia on
Q: Can u leave at 18 if ur parents mis treats me and neglect me in Alabama?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jun 23, 2021

You mis-posted your question as being one dealing with GA law. Still, your question is one that any attorney anywhere could answer. A person who has reached the age of 18 is NO longer a child. That person would be an ADULT. An adult can move, live, etc. wherever they choose to live. No... Read more »

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: My grandson 16 in November has been living in a terrible relationship with his mother. He wants a emancipation.

He ran away last year because his mother is on drugs. We went to Juvenile court and they made him go back home. They did require counseling But mother has refused and said she did not need it. This child has beg for help he is failing in school. I feel that he is a slave he is not allowed to even... Read more »

Gina Anne Smalley
PREMIUM
Gina Anne Smalley
answered on Jun 8, 2021

You and/or your grandson have options. Without more information, it is hard to answer whether or not he is entitled to emancipation. You may also have grandparent custodial rights. You should seek out a lawyer knowledgable in these areas.

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1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for Georgia on
Q: what motion do I file for mistrial in Jennelle court agast dfcs and they
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on May 7, 2021

I'm sorry. Your question does not make sense. It is incomplete.

3 Answers | Asked in Child Custody and Juvenile Law for Georgia on
Q: What if a minor (16) runs to your home and is from an abusive home seeking safety?

Specifically, mental abuse. A lot of insults, and not allowing the child to have friends or a love life (child is 16). Punishments for unusual things like accidentally making a mess with food.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 3, 2021

You could expose yourself to being arrested for interference with custody if you take in a minor with permission of the parents. If the child needs help, you can contact authorities in your area who can investigate.

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1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: My cousin is 16 and is really mature and responsible for her age. She wants 2 b emancipated from her mom who is emotiona

How can she do it quickly

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Apr 22, 2021

I'm sorry, but I do not hold out much hope that she will be successful. In 31 years of practice, I have personally known of only 2 emancipations being granted. She must be able to show that she has gainful employment and can pay for everything she needs, rent, car, insurance, food, medical,... Read more »

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: If I'm ready to have my child back but the guardian doesn't agree, what will happen?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Apr 5, 2021

You have asked about this issue many times in different ways. Honestly? The best thing you can do to help yourself is to meet with a family law attorney. In that meeting, the attorney can ask you questions which will present your overall situation and allow the attorney to present an overall... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What do I need to do to end temporary guardianship and get my child back?
Homer P Jordan IV
Homer P Jordan IV
answered on Apr 5, 2021

You can take the step to terminate the temporary guardianship. An attorney can help you with this process.

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: My 15 yr old nieces reported verbal and mental abuse to DFAC against the parents. What are the child's rights?

DFAC stated they are spoiled and there isn't anything they could do they need to go home. These girls are freefall, stressed and emotionally damaged and the parents will not allow them to live with the grandparents who will make sure they focus on school and treated correctly.

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 10, 2021

Considering DFAC is involved they should know the details of the case. If they felt there was no abuse going on then that is what is going to likely stand. At their age, they could go speak to their school counselor and see what suggestions he/she may have. Perhaps the family can get some... Read more »

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