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Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Georgia on
Q: How can a father get joint custody of his child
Michael D. Birchmore
Michael D. Birchmore answered on Sep 27, 2021

Retain an attorney and discuss the situation first. If the attorney believes you have a viable claim, you would file with the court papers seeking custody. Please don't try to do this without legal counsel. There are a number of issues involved.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have a 4 year old daughter I gave temporary guardianship to my sister I went to probate court to terminate

I have a four year old daughter I gave temporary guardianship to my sister I went to probate court to terminate the guardianship due to my sister not letting me visit my daughter or let my daughter spend the night with me she don’t let me see my daughter at all…..I have a mental health... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 24, 2021

We won't be able provide a reliable response on the information (lack of) provided. However, I would say that it is certainly a good start!!

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1 Answer | Asked in Child Custody for Georgia on
Q: My state is GA. My fraternal grandchildren were taken from the mothers custody and since it has been 10 yrs since I have

Seen them dfcs wants a list of medications? Is that leagal

V. Joy Edwards
V. Joy Edwards answered on Sep 22, 2021

How do you even have a list of their medications if you have not seen these children for 10 years?

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How do I find a pro bono lawyer for my custody case?!?! CAMDEN COUNTY, GA. I need help!!

I am starting to panic. I have exhausted every option, and I’m running out of time! My lawyer quit at the same time that my dad was in ICU for almost a month, I had a baby, my Aunt was hospitalized with COVID, my baby sister got married.... it was all so much at once.

My ex and I came to... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 22, 2021

I’m sorry to hear you are going through a rough time. You can try contacting Legal Aid to see if you qualify for their assistance. Additionally, you can call the state bar to inquire about any pro bono attorneys in your area. Plus, most attorneys do take credit cards, which may make it easier for... Read more »

1 Answer | Asked in Child Custody and Divorce for Georgia on
Q: how can I file for emergency temporary custody to protect my children?
Homer P Jordan IV
Homer P Jordan IV answered on Sep 21, 2021

An attorney can help you right away with the process.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: If the petitioner of a child custody case in Georgia lied in the petition, can the other parent request the petition be
Homer P Jordan IV
Homer P Jordan IV answered on Sep 17, 2021

Be what? I don’t see the rest of your question. You may want to re-post it or consult with an attorney who can review your case in detail and provide you with guidance.

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: If NCP relocates to another state and the child support/parenting plan is from GA. Can the NCP have the parenting and CS

modified to his new local state? Will the GA CS order follow him to different states if he no longer resides in GA?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 16, 2021

If the CP still lives in Georgia, the Georgia order remains in tact. The GA CS order can be enforced in the new state. the orders cannot be modified anywhere other than Georgia as long as the CP still lives in Georgia.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Define: "there shall be free and open communication and contact between both parents and the children at all times"

Decree says Under the parenting time arrangement. "there shall be free and open communication and contact between both parents and the children at all times" A separate "ordered and adjudged" paragraph requires us to discuss all major decisions & try our best to agree,... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 9, 2021

You may want to consult with an attorney who can review your arrangement and provide you with guidance. There needs to be open communication, but that doesn’t mean you have to be texted non-stop with every little thing. Perhaps he is doing this because he knows it irritates you.

1 Answer | Asked in Adoption and Child Custody for Georgia on
Q: My parental rights were terminated and my parents adopted my kids. I live with my parents and my kids. My kids are

15,14,6,5 years old. If my parents pass before my youngest is 18 can I adopt them or can my parents make me guardian in their will?!?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 9, 2021

Your parents cannot will children to anyone. If they pass away, you can apply for adoption.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Just checking to see if this is still true and current in 2021?

B

Regina Irene Edwards
Regina Irene Edwards answered on Sep 2, 2021

Correct. The substance of the law hasn't changed -

Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-22. Otherwise, the mother may exercise all parental power over the child.

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3 Answers | Asked in Child Custody for Georgia on
Q: What does it mean when the standing order states neither party can willfully take the child out of the jurisdiction?

I divorced my ex husband, and I am primary custodial parent. Our divorce is in GA. In our papers, it says neither party can take the child more than 100 miles outside of the county without giving the other party notice and providing contact info. (Visits, vacation, etc…) I’ve been traveling... Read more »

V. Joy Edwards
V. Joy Edwards answered on Aug 31, 2021

You should still be able spend time with you new husband in AL. With situations like yours, we generally file a Motion to modify the standing order so it's clear that you are not in violation. Your situation sounds complex enough that you should not be trying to proceed without legal representation.

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3 Answers | Asked in Child Custody for Georgia on
Q: I’m a mother, and the father wants to file for legitimation. If i disagree with his custody requests, what do I do?

Is his legitimation request immediately granted or do I have the opportunity to request a different custody agreement? Will there be a court date? We have never been married, and have a history of domestic violence as him as the aggressor.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 24, 2021

Given the bad history, you might even need to defend against the whole legitimation process. You may certainly object to the legitimation if you believe it is in your child's best interests. While legitimation is usually favored, if you can show the court that legitimation would be against... Read more »

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2 Answers | Asked in Child Custody, Family Law and Real Estate Law for Georgia on
Q: I Divorced my wife in Alabama. We have joint custody. She moved to Atlanta without required notice.

I don’t know where they reside nor can I talk to them. They sneak to call me. Do I need an attorney to file an objection and can I file in Alabama without an Attorney?

Regina Irene Edwards
Regina Irene Edwards answered on Aug 24, 2021

If you live in Alabama, you need to hire an Alabama attorney.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How do I go about getting custody of my child or doing child support When I live in a different state

Mother of My 4 month old son is refusing to let me see him unless I am with her in a relationship

Michael D. Birchmore
Michael D. Birchmore answered on Aug 6, 2021

If you were not married to the mother, then you have absolutely NO rights whatsoever to the child. You are going to have to file a petition (complaint/lawsuit) in the Superior Court of the county in which the child lives. Only when you do this will you ever have an opportunity to see the child.... Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can I legally leave my spouse with my children or does he have to be told i'm leaving
Regina Irene Edwards
Regina Irene Edwards answered on Aug 3, 2021

There is a difference between legally ok and morally ok. You would not want him to do this to you (as he is also legally allowed to do.) It also could backfire on you in a custody case. Unless there is a history of domestic violence and your safety is in danger, you need to inform him and have... Read more »

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2 Answers | Asked in Divorce and Child Custody for Georgia on
Q: Does having educational tie breaker also include decision on sending children to preschool and where to send children

I understand preschool is optional and per Georgia Compulsory law children aren’t required to attend school until 6. Dad has educational tie breaker, mom has primary physical custody. Parents previously made a written agreement per email for children to a school and after mom paid tuition and... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 1, 2021

Tiebreaker means the parties are supposed to consult and confer, but the educational tiebreaker can make the final decision, even if it goes against prior informal agreement. Father should have consulted with Mother first, but ultimately, he gets to make the final call.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can the other parent restrict the other from visitation based on awaiting Covid results? Court appointed
Michael D. Birchmore
Michael D. Birchmore answered on Jul 30, 2021

The best response I can provide would be to tell you -- it depends. The law in general is always going to boil down to precisely what has happened and precisely what has occurred in court and precisely what court rulings have been made. Your question assumes that a "yes" or... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: After being served with custody papers in Georgia what is the time limit for having a hearing

Where the defendant can give their side of story

Michael D. Birchmore
Michael D. Birchmore answered on Jul 26, 2021

If you have been served with papers, this is not the question you should be asking. Instead, you should meet with an attorney now to discuss the timelines for you to respond. This response will need to be filed and served well before the time when you will have a hearing.

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have 50/50 physical & legal custody of my children. Can my ex move their school without my consent?

In our divorce papers she has final decision on education. They have been in the same school for years but she recently moved to a nearby county and wants them to go to school there. She never asked me, I found out from the kids. I asked her about it and she says she has final say and is moving... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Your agreement should spell out whose school district controls where they go. In the absence of that, you probably both have the right to enroll them in school, based on the 50/50. You likely will not be able to resolve it through court before school starts, so unless you can prove there's a... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: if the father of my child moved out of state with my daughter without legitimacy what actions can I take?

he is rejecting me from getting my child back in my custody as well as mentally abusing her. she has been with him for over a year refusing me of any rights. he recently told me that he has papers saying that my child has to remain in his custody until the court says he can have custody. I do not... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 23, 2021

You need to report this to the Police. If I understand you correctly, this man has kidnapped the child. If the child was born out of wedlock AND if the man NEVER legitimated the child, the man has absolutely -- NO RIGHTS whatsoever to the child. None. Letting this go on for more than a year... Read more »

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