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Georgia Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Georgia on
Q: Will drug and alcohol classes test specifically for kratom?

I am a minor originally charged with posession of marijuana under a oz which is getting expunged through a informal agreement. Kratom helps me a lot and want to know if I can still use it. Its legal but can be specifically tested for in labs but will they do that?

William Jaksa
William Jaksa
answered on Aug 15, 2019

Yes Kratom is legal in Georgia, but that doesn't mean its safe to use. There are several specific tests for Kratom that will confirm it has been used; however, it is not usually tested for on standard drug tests. There are specific drug screens to test for Kratom.

2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Georgia on
Q: Define is a 17 yr old a minor, or adult. In a custody dispute

At what age can a child not go by court rulings

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 14, 2019

A 17 year old is still a minor.

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3 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: How do i obtain a copy of termination of parental rights? The rights were taken away about 10yrs ago. I need a copy
Ecleynne Mercy
Ecleynne Mercy
answered on Jul 10, 2019

Call the clerk of the court it was Ordered in and request a certified copy of the Order. They can mail or you can pick it up at the courthouse. There may be a small fee depending on the County. I pray this helps.

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1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: For a 13 year old being charged with a simple battery what can be my punishment?

There was an incident where myself and a teacher got into a altercation with the door, I (speaking as the child) was pushing the door as she was pushing the door onto me and she stepped out of the way of the door and i let it be and walked away.

Michael D. Barber Jr.
Michael D. Barber Jr.
answered on Jun 17, 2019

Your question depends on how you were charged. Will you be in juvenile court or are they treating you as an adult? Additionally, you could face issues in both criminal court and civil issues with the school as well. The school may choose to expel you or they may give you in house suspension, out... View More

1 Answer | Asked in Juvenile Law, Family Law and Child Custody for Georgia on
Q: Is there a way to keep a case in superior court. Instead of transfering it back to juvenile court??

I filed moiton of contempt in custody case aa well as a moition to modify custody/ visitation. Juvenile court is the one that sent me to superior. I filed and today I get an order to transfer back to juvenile court.

The last thing i wanted. Please tell me there is a way to keep it in Superior??

Ellaretha Coleman
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Ellaretha Coleman
answered on May 28, 2019

We would need to review the order and obtain more information to determine if there is a way to keep the case in superior court. You should consult with an attorney to determine what your options are under the circumstances.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Georgia on
Q: Can I have a CPS case reopened?

My son was shaken in 2017 CPS took my kids and opened a case on me. It was found I didn’t have anything to do with it or know about it. It was found I was a work at the time. They charge me with failure to protect and Child in danger meant. After finding out I was innocent My case remained open.... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on May 20, 2019

What are you trying to do? Are you wanting the case reopened? If so, why? It sounds like the previous case was dismissed. If this case never reached court, it likely never made it past the investigation stage. If the investigation found you were not responsible, the case would be closed. If... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can I trust a court-appointed defender in Dekalb County, where DFACS has unlawfully taken my 22-month-old daughter?

I definitely have a case here, I simply cannot afford representation at this moment, at least not all at one time. I start a new job as soon as this case is resolved that will afford me to pay for a private attorney. I am 38 years old, and a victim of repeat abuse from my daughter's father,... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Apr 10, 2019

You can trust the public defender. I will tell you that you aren't the first I've heard make those allegations against DeKalb DFCS. Right or wrong, you will have the opportunity to address these allegations in court. Take advantage of the ability to have a public defender. If you are... View More

1 Answer | Asked in Juvenile Law, Family Law and Civil Rights for Georgia on
Q: I’m legally disabled. Can DFCS or Juvenile court treat me differently?

Such as drug screens even though my Dr has provided a letter explaining the results of the drug screen and my medication. Shouldn’t the case be closed if that’s the only problem. And juvenile instantly turned on me once they learned I was disabled and wanted a drug screen bc my child missed so... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Apr 5, 2019

I'm sorry you are going through this, as it sounds like a difficult time. I'm not sure what you mean about them treating you differently. You could discuss this issue with them, or with an attorney who can review the facts in detail and present you with options. Your child missed school... View More

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: I'm planning on running away from home and my aunt has offered to help me. Can she help me without being charged?
Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2019

It is a crime to interfere with a parent's custodial rights.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: I've cared for this baby girl since July 19th 2018 the day she was born.

Can her mom snatch her from me and give her to a stranger without any paper work? I've got papers for custody she signed to my mom before she had the baby bc she's on meth and didn't want dfcs involved they never had them noterized bc dfcs didn't get envolved how ever she's... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Feb 20, 2019

That depends on what legal documents you have. We can not answer this question without knowing what documents you have. However, if the documents were not filed in a court, they likely are not enforceable. Custody and guardianship documents must be filed with a court of law to be enforceable.... View More

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Q: Is hearsay admissible after the 10 day hearing of a dfcs case? Can you sue if they've done this?

I have an ongoing dfcs case. Im fighting very hard to get my children back. Is it ok for them to use hearsay at the 10 day hearing? The dfcs worker and the social worker at the hospital have two accounts of what was supposedly said. Can they use this as sufficient evidence? Could they be sued for... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Feb 19, 2019

You should consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Permanent guardianship was given to my ex's aunt when she lost parental rights in Juvenile Ct/DFACS. Can I get my 16y/o?

My 16y/o wants to reside with me but his aunt whom has permanent guardianship refuses. Do I have a chance in gaining custody. I am remarried, nice home, good job, and safe environment.

Mr. Samuel E. Thomas
Mr. Samuel E. Thomas
answered on Jan 22, 2019

You def have an argument. I would hire a lawyer and pursue this case.

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3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can my 16 year old sister come live with me if our step mom is mistreating her she cut her off from everyone in her life

She calls her names locks her out she has not been to a dentist or doctor in forever she is with my dad but he want stand up shes got him locked down as she is 30 and he is almost 60 and they keep having babies amd my sister is made to watch them all the time. She doesnt even have a room in their... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jan 18, 2019

Unfortunately, your sister is a minor and her father will be able to control where and with whom she lives.

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1 Answer | Asked in Child Custody and Juvenile Law for Georgia on
Q: How do I move out at 16 in Georgia

I have a stable job and my ged

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2019

You can't.

1 Answer | Asked in Juvenile Law for Georgia on
Q: Can a 17 year old date a 22 year old? And what's legal in terms of sexual activity in Georgia??
Alexia Dawn Davis
Alexia Dawn Davis
answered on Jan 16, 2019

The age of consent in Georgia is 16 years old. Persons who engage in sexual activity with children under the age of 16 can be charged with a host of offenses including child molestation, statutory rape, and aggravated child molestation. As long as parties older than 16 years old consent in the... View More

3 Answers | Asked in Family Law, Child Custody, Juvenile Law and Probate for Georgia on
Q: do I have to comply with dfacs in Georgia about visitation tho there's been no court order safety plan or signing of any

dfcs came to my house two weeks ago with false allegations of drug use and cleanliness.the investigator had already been to my son School said she saw their concerns with him but I refused the drug test.prior to all of this happening, I had placed my son with his paternal grandmother until I could... View More

Kim Ebert
Kim Ebert
answered on Jan 6, 2019

Are you the mother? Whatever you do, don't take legal advice from a Caseworker. You need to consult with an attorney before this gets out of hand.

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3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: if a man is awarded sole custody of his children in Juvenile court, does that carry over to civil court?

Mom has only seen the children a few times in the last five years. The kids are 9 and 7. Currently, they live with their dad at their grandparents house. Mom has two warrants for her arrest in the state of Georgia. Also, dad was awarded sole custody in Juvenile Court. Dad wants to file for divorce... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Dec 24, 2018

You should have an attorney review your Juvenile Court order to determine its effect on any subsequent divorce action.

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1 Answer | Asked in Juvenile Law for Georgia on
Q: Georgia Law question: if a restraining order is obtained for a minor against someone (no third party contact included),

the minor continues to use the defendant’s mentally disabled minor sibling to contact defendant. As the parents of both the defendant and the disabled minor, would it be considered harassment or third party contact if we were to go to school and ask that there be no contact between the two... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 14, 2018

Your fact pattern is confusing. By "served person" are you meaning the protected party? Is the protected party an adult? You need to sit down with counsel for a consultation and explain this situation in more detail.

1 Answer | Asked in Child Custody and Juvenile Law for Georgia on
Q: what form do i use to petition the juvenile court for a hearing to dismiss a temporary custody order?

my mother has temporary custody of my 2 yr old since december 15, 2017. we both agree that the order should be dismissed so he can return home to me. i have to file the correct petition or my request for a hearing will be denied.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 14, 2018

There isn't a form. Attorney's and pro se litigants are expected to draft their own pleadings. If you don't know how to do that, you should retain counsel that does.

1 Answer | Asked in Federal Crimes, Internet Law, Juvenile Law and Sexual Harassment for Georgia on
Q: Can I get justice for being groomed

Last year and I got into an argument with a guy online. He groomed me and commented on my photos. Stating how age was just a number and with a chest as big as mines it doesn't matter what my age is. Even make plans to meet me, that I backed out of. We swapped Snaps, and he blackmailed me for... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Dec 12, 2018

Report this to the police and let them handle it.

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