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Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can I file for abandonment if father has refused to talk to or visit with his child for over a year.

We share two children. Father does pay child support, but refuses to communicate with one child but sees the other every other weekend.

Regina Irene Edwards
Regina Irene Edwards answered on Jan 19, 2022

No, the court can't make him be a good father. He can only be required to pay support, which is what he is doing.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I’m suppose to pick my son at 6pm for a holiday schedule, but i leave work at 7pm. Can i pick him up at 8pm?

My court order says: K

The parties shall notify the other party within a reasonable

time (defined as not less than seventy-two (72) hours in non-

emergency situations) prior to their custodial periods of their

intent not to exercise said physical custodial periods.... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 12, 2022

Going by what you have posted and assuming that is the order, then if you give advanced notice you should be able to do so. Be sure to discuss it with the other parent so there are no conflicts

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: In a divorce - if there has been domestic violence or family violence perpetrated by one spouse and his family….

And parental alienation by the husband and paternal grandparents who is manipulating the child against his mother. Is it likely the mother will get full physical custody and the father supervised visitation? Is it more likely the mother will get the home? This is in Georgia USA

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

Its really hard to do a thorough analysis without full context, but Domestic Violence always grabs the attention of the Judge when looking at Family Law Cases.

At the same time, judges will almost always ensure both parents get substantial time with the child regardless of the criminal...
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2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My wife gained physical/legal custody of her children at final divorce hearing with her ex, can I adopt her kids?

The father has been incarcerated before and found in contempt of court, doesn’t pay child support etc. We were recently married, currently live in TX but court hearing was in Georgia, she wants me to adopt but the biological father (her ex husband) will likely not want me to be able to adopt.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 12, 2022

You can file a contested adoption. You need to speak with an experienced adoption attorney who can handle this.

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2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Husband wont sign divorce papers

I've had him served twice and I also served him. He is currently in a Texas State Prison. When he finally responded he wrote on the top sheet " absolutely not unacceptable " signed it and sent it back. He has been in and out of Texas prison system for 8 years. Drug related charges... Read more »

Robbie Levin
Robbie Levin answered on Jan 10, 2022

If your husband won't sign paperwork, you can still get divorced. You will just need to file the appropriate paperwork and have the Court sign off on the divorce. It may also require a short court hearing. I would suggest obtaining a lawyer to help you through the process.

For more...
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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: Does child support end the last day of high school or the actual graduation day. HS ends almost a week before graduation
Ellaretha Coleman
Ellaretha Coleman answered on Jan 9, 2022

At graduation provided that the child has also turned 18.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: My boyfriend was arrested on cruelty to children in 3rd degree but the child was not present at all

I have text messages from the ex girl friend stating she met the police at the mother of the child's house. I have a bunch of evidence supporting that he was not there and the police were not called nobody went to jail that night it was 2 weeks later that they came to serve the warrants and he... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 6, 2022

Are you working with an attorney regarding the case? If not, he may want to retain one so that he can address this legally. Consult with an attorney who can review the facts of the case in detail and present you with the options.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I'd like to know what I need to file to get full custody of my children. I currently have joint legal custody.

My ex currently has them though he pawns them off on his parents. I had to move out of state to get away from his abuse.

my children are not being abused. However he seems to think he can tell me I can't have them. I need help. He's also claiming them on taxes even though our... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 5, 2022

You should consult with an attorney who can review the facts of the case in detail and help you with the proper course of action to address the situation. An attorney can help you seek a custody modification.

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Georgia on
Q: I was awarded emergency custody of my kids in 2018 after a mom abused my 7yr at the time we have 3 kids total

I went to superior court to file for divorce The judge sent us to juvenile courts where I was awarded custody of the kids the CPS & gal was involved

Mom had numerous other abuse incidents during the parenting time process but jurisdiction & who knows what prevented anything from... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jan 5, 2022

Trying to get to the heart of your inquiry, but it appears you have a messy custody/family/criminal set of intertwined issues. Unfortunately as you have discovered there are not a lot of great resources for folks in these situations outside the traditional legal system.

The headline is...
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1 Answer | Asked in Child Custody for Georgia on
Q: My husband went to prison and he gave me care of our grandson with a notarized paper and he has gotten out

Do I still have care of him and what can I do, my grandson is 17

Regina Irene Edwards
Regina Irene Edwards answered on Jan 5, 2022

Your notarized paper may not be a valid document. You need to speak with an attorney about obtaining a formal custody order.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: In child custody cases, Do you use Private Investigators if necessary? If the child is believed to be in a bad home?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

It Depends on what the facts require. We can use a private investigator or a Guardian ad litem to see what's in the best interest of the child. There are many ways to investigate the status of the child.

We will definitely need more information on your matter.

Family law...
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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Ex was awarded sole physical custody of my daughter. Daughter is 16 and wants to come back home.

Custody awarded illegally. Ex convicted felon fostering his daughter.

Case worker social service not protective service.

Caseworker said warrant she didnt

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Family law cases can have a huge impact on virtually every aspect of your life. Whether you’re going through a divorce, a custody battle, an adoption, or any number of related situations, we will be here for you. We help people from all walks of life and have a significant amount of experience... Read more »

3 Answers | Asked in Child Custody, Divorce and Domestic Violence for Georgia on
Q: I live in Georgia. I want to know about propert division in a fault divorce. If I am a victim of Domestic violence.

Will I be able to keep the home? Or get a greater share? Will my spouse have to move out. I also dont want to uproot my son. The house is paid in full. Also will I get full custody of my son?

Regina Irene Edwards
Regina Irene Edwards answered on Dec 22, 2021

You need to have a consultation with an attorney. Each case varies based on income, assets of the parties, history of caretaking of the child and other factors. Once more information about those is known, an attorney can give you advice.

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1 Answer | Asked in Child Custody for Georgia on
Q: Hello I’ve had my grandson almost all of his 7 years how can I get custody

His parents are homeless living from hotel to hotel his mother doesn’t want the responsibility and the supposed to be father hasn’t been there for him

Regina Irene Edwards
Regina Irene Edwards answered on Dec 22, 2021

Speak with an attorney about filing for custody in court. Both parents will have to be served with the lawsuit.

1 Answer | Asked in Child Custody for Georgia on
Q: in order to file emergency custody in GA what all forms\petitions\motions have to be filed with the clerk of court?
Regina Irene Edwards
Regina Irene Edwards answered on Dec 13, 2021

There are no forms for emergency custody superior court. The petition is written by the person seeking the change and filed, but custody cases, and emergency ones are unique so there is no form for it. Speak to an attorney about your case.

1 Answer | Asked in Child Custody, Family Law and Native American Law for Georgia on
Q: My grand child 1yr, mom passed away suddenly and her mother refuses to let her father have her. Claim with Indian Tribe

she's protected to keep his child

I'm at wits end, what to do. He is so upset, how can she kidnap a child, or keep from her biological father?

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

The biological father needs to work with an attorney right away, who can review the facts of the case and help with the proper course of action. He may have custody options to explore, but he’ll need the assistance of an attorney.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: what should I do?

in 2017 my daughter's father passed away and I was scared so I gave my mom temporary guardianship I I get my daughter every weekend and and take care of her financially however how do I go about trying to get have or some financial help from my daughter's SSI that my mom received for for... Read more »

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

You should consult with an attorney who can review the facts of the case in detail and provide you with direction. We need to know if you want your daughter back in your custody or you are just wanting some of the money from SSI. We need more details.

1 Answer | Asked in Child Custody for Georgia on
Q: Does filing an emergency temporary hearing for custody override the custody order that is already in place?

There has been no temp order signed by a judge at this time.

Michael D. Birchmore
Michael D. Birchmore answered on Dec 9, 2021

Only a new (later) order may change an existing order. If there is an existing custody order in place, then it will remain in force until a subsequent order changes it. You should speak with your attorney about this situation.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My wife took my kid and left and is refusing to let me have contact with my child We are not going through legal battle

Is there anything I can do with this considered kidnapping I just need some advice on what our rights are and what I can do

Regina Irene Edwards
Regina Irene Edwards answered on Nov 28, 2021

It's not kidnapping. You both have equal rights to the child. If this continues, it's probably a sign your marriage is not headed in the right direction and you can file for divorce or separation and get a custody order.

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2 Answers | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: Am I required to pay for my answer and counterclaim to be filed with the clerk if the petitioner has a lawyer

I have no legal representation

Narissa Juitt-Jackson
Narissa Juitt-Jackson answered on Nov 22, 2021

If you file your Answer and Counterclaim in person then you do not have to pay any fees. If you file your Answer and Counterclaim via PeachCourt or E-File Georgia you will have to pay processing fees once to use the portal and no additional fees after that.

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