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Georgia Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Do I have to get concent from the other parent to change my child's name, if his rights were taken away?

My divorce was final 4 years ago after my ex husbands arrest. In my divorce decree shows his rights were taken away and no contact put in order. he was convicted and sentenced to 30 years in prison. I did not want my last name different than my daughter's, now she is 13 and would like to have my... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 11, 2019

You can petition the court for a name change, without his consent.

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3 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: If both parents are fine with joint legal and physical custody, will there still be a child support declaration?

We coparent just fine in my opinion and we spend the same amount of time and money with our children wether separate or together.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 10, 2019

Not necessarily. However, it is important to contact an attorney who can provide you with a tailored response, in light of your specific circumstances. I think it is great that you all have been able to come up with solutions that work for the whole family, without court intervention.... Read more »

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How can I get Guardianship of my nephew if my sister gives her consent? And if she refuses?

I believe my sister is neglecting her three year old son, and can provide witnesses to several events showing neglect, including leaving him in a car while she went into the store, him running around outside with a knife he got from the kitchen unsupervised, and the person who found him called for... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 4, 2019

There are options available, but more information about this case is required. These circumstances are unfortunate because there is potential child neglect. It is best to contact an attorney to discuss the specifics of your case in light of Georgia law.

We are glad to assist you. Contact us...
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1 Answer | Asked in Child Custody for Georgia on
Q: my sister has had my son (temporary custody) for the past 2 years and now she wont let me see him. Is that legal in

She has had him for 2 years and i was keeping him every weekend and now she decided that i cant see him. I never signed and papers of full custody.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 26, 2019

Without more details it is difficult to answer your question definitively. Generally, without an order from a court of law, your sister would not have legal standing to prevent you from seeing your child.

There are many moving parts to your case, and it is best to consult an attorney who...
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1 Answer | Asked in Child Custody and Domestic Violence for Georgia on
Q: Ok so from May 2019 when the incident occurred til nw. He wasn't charged. By me or the cops. I can still file(Dec 2019)?

He kneed me on the left side of my face, Temple and skull. I left in June, after he drug me out of his mom's house by my hair in a bra and jeans. I had shoes on. I found out my mom died 1 month and 1/2 after she passed away. I called Kevin he picked me up and went to his mom's. I took a shower and... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

Your case is unfortunate, and there are a lot of missing components, making it difficult to provide you with an accurate answer. You do have options, TPO and filing for visitation are a couple that immediately come to mind. More information is needed from you.

It is best to contact an...
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1 Answer | Asked in Adoption and Child Custody for Georgia on
Q: Can a gaurdian legally adopt children with only one parents signature and agreement.

When the other parent has a open custody case open

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

The short answer is no. In Georgia, a child who has any living parent or guardian may be adopted only if each such parent and each such guardian:

(1) Has voluntarily and in writing surrendered all of his rights to the child to the department of human services or to a child-placing agency...
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1 Answer | Asked in Child Custody for Georgia on
Q: what type of motion do i file if a child was basically kidnapped out of the home of the full time parent?

i was care taker of child mother wanted to visit child for a agreed amount of time. Child was never returned but the visitation was not court ordered

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

If there was no court ordered visitation, the mother has equal legal standing with the father as it relates to custody. You cannot kidnap your child if there is no court order forbidding visitation or contact by that parent. More information about your case is needed to provide you with a specific... Read more »

2 Answers | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Georgia on
Q: Hey there! I have a few Q& A's so let's start with this one. How long have to file charges for domestic violence?

I left Lucas's dad in july after a bad injury frm kevin in May 2019. I have no money for an attorney. He didn't allow me to work. And has legal documents& wont give them to me.I I gave him phys. Cust. Bc I don't have a set place to live he pushed for supervised visits by himself w/o a 3rd partyou... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

Without more details, it is difficult to answer your question definitively. Generally, you will want to file for visitation through the courts; this will guarantee you time with your son on a regular basis. It is really best to contact an attorney as soon as possible, especially since you suspect... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: How would I go about starting a custody battle with my biological mother to remain in my guardians household?

She has already given temporary guardianship for the next months but my guardian and i would like to make it permanent. If it helps I am 15 and am about to be 16.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 20, 2019

Temporary guardianship may be continued by the court if the court determines that the the temporary guardianship is in the best interest of the child (you). An order for temporary guardianship can be modified (changed) only under certain circumstances. For this reason, it is best to consult an... Read more »

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: How to file for Florida Divorce decree to be registered in Ga for a child custody jurisdiction enforcement from DV hist.

Is there certain forms that are required when filing for this? Especially with a domestic violence clause being the basis for the jurisdiction hold?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 19, 2019

In order to have the Florida order enforced in Georgia, you will need to register the order in the superior court of the county where the respondent resides. You should consult with an attorney to discuss your options to proceed in Georgia.

4 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My son is 16 , he wants to live with his mother. I have full custody of him. Can i still take him from his mother?

She is blackmailing me saying if i try take him from her she will put me in jail. But i have custody and she has nothing.

Regina Irene Edwards
Regina Irene Edwards answered on Nov 19, 2019

If you have custody via a court order, you can't go to jail for enforcing the current order.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I wasnt notified of a final custody hearing & the judge ruled in the NCP's favor. Can I file a motion to stop visitation

A day before court in October 2018, the judge cancelled & I couldn't get another date for over a year! Now A week after I missed court because I never got a notice (due to an address error), the NCP called demanding the kids the same day bragging about a default judgment. I didn't believe him l,... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 19, 2019

You should contact an attorney as soon as possible. Without more details about your case, it is difficult to provide you with an accurate answer.

Our firm will gladly assist you. Contact us today.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: if I have a phone in my name and give it to my minor child and she goes to another parent's house do they have the righ

does the parent have the right to take the phone from the child the phone is in the other parents name

Ellaretha Coleman
Ellaretha Coleman answered on Nov 18, 2019

Either parent has the right to parent as they see fit during their parenting time. The short answer to your question is likely yes. The phone being in the other parent's name does not prohibit a party from restricting use of the phone during their parenting time.

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4 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: What form do I use to amend a child to an existing order?

Two kids are already on the legitimation paperwork. I had to wait until DNA confirmed the third child and now that it has, the judge told me to amend the third child in order to proceed with legitimating all three for the same order. I have looked all over for such a form and can not find one. I... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 18, 2019

There is no form to accomplish this. If the case is still pending, you need to amend the petition or answer to add the third child to the action. If the action is no longer pending, you will need to file a new action for the third child or to modify the previous order to include the third child.... Read more »

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Can i request my hearing for child visitation to be held in private?

I live in a small town and i feel that it will be detrimental to my childs wellbeing if all of the facts of his child custody/visitation hearing are heard in open court

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

Without more details about your case it is difficult to answer. Your county may have rules that allow it, and things may vary greatly based on the Judge assigned.

It is best to consult an attorney who can help you maneuver through your case in a way that will keep your child’s best...
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2 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Is it supposed to say divorce on it if the parents was never married

Father filed for legitimacy and custody and visitation of child

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 15, 2019

If parents were never married there cannot be a divorce, therefore nothing should state “divorce.” It is best to consult an attorney who can review your case files and provide legal counsel about the specifics of your case.

We are glad to assist you.

-The Upshaw Law Firm, (770)...
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2 Answers | Asked in Child Custody for Georgia on
Q: Can my 15Yo daughter run away from her Dads house and come to my house (her mother) without getting in trouble with law
Regina Irene Edwards
Regina Irene Edwards answered on Nov 14, 2019

No. In fact, you will be in contempt of court, if he has custody and you keep her at your house without permission. She is old enough to pick who she wants to live with so you need to consult with an attorney about filing a modification.

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1 Answer | Asked in Child Custody for Georgia on
Q: Hello, I am a mother of a child with whom I am trying to give temporary custody of him to my older daughter.

due to my current mental health. My daughter is in Colorado and I am in Georgia. How would I need to go about this?

Regina Irene Edwards
Regina Irene Edwards answered on Nov 13, 2019

This is not an easy answer. The father will have to be notified and given a chance to object. You need to consult with an attorney about your options.

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: For what reasons, outside of physical abuse, would a person be granted supervised visitation only in the state of GA?
Regina Irene Edwards
Regina Irene Edwards answered on Nov 13, 2019

There can be many reasons. Substance abuse, sexual abuse, alcohol addiction, exposing the child to people with those characteristics, unregulated mental health issues, unsuitable living arrangements. There can be any number of reasons.

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: What are my options? Husband had multiple affairs, The last one caused him to abandon our family. Im 8mnths pregnant.

He left 2 months after finding out we were pregnant with our second child together. I have a son from a previous relationship (he did not adopt) and our daughter is 19 months old. I lost my home since he left me with bills and has contributed $425 from the time he left which was May of this year. I... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Nov 12, 2019

You need to consult an attorney about filing for divorce and obtaining child support. You have said anything that would warrant a judge ordering supervised visitation, though.

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