Lawyers, Answer Questions  & Get Points Log In

Georgia Child Custody Questions & Answers

1 Answer | Asked in Family Law, Child Custody and Constitutional Law for Georgia on

Q: What is considered as suitable housing for children.

I was told to obtain housing and be stable well i have its small but ive been here almost a year. And if suitable for a temporary solution until the kids are back with me and then i could and plan to move into a larger home. I just wanted to show stability. To courts.

Regina Irene Edwards answered on May 26, 2019

That answer depends on a variety of factors. How many children there are, their ages, if they have special needs, etc. The size is less important than cleanliness and a history of rent and bills being paid on time. But in general, all children should have a clean, safe bed to sleep in and the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on

Q: can any one give me some advice. thay have taken my niece away

from my brother me and my wife of 26 years she is stay at home mon I have been on my job and address

for more 3 years. me and my wife would like to try to get some kind of custody or if nothing else to get her home with

us. until my brother can get every thing taken care of that... Read more »

P. Justin Thrailkill answered on May 23, 2019

First, don't put your name and contact information in this forum. This is not for the solicitation of business and putting this information on a public forum could negatively impact any case you may have.

As far as your question, it sounds like a complicated situation. If the child was...
Read more »

1 Answer | Asked in Child Custody for Georgia on

Q: What would be affirmative defenses when responding to a complaint for modification of custody?

My son's father currently has every other weekend visitation. I informed him I am moving from Georgia to Florida to be closer to family and he is now trying to petition for full custody. He was not even in our son's life until after he was two and since then worked his way through a visitation... Read more »

Regina Irene Edwards answered on May 22, 2019

This is not a question that can be answered without looking at the complaint. Nor should you be attempting to answer the lawsuit without an attorney. You should consult with an experienced family law attorney about your options.

2 Answers | Asked in Child Custody and Family Law for Georgia on

Q: How can I get my daughter for the summer if my ex wife say no? I have joint custody with visitation.

I live in Dallas. I’m willing to go get her and take her home or buy a plane ticket. She live in Columbus GA. The court order is from Muscogee Co

Regina Irene Edwards answered on May 21, 2019

Your parenting plan should dictate what the summer parenting time is.

View More Answers

2 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Georgia on

Q: How do I get rights to my ex girlfriends child without her giving up her rights and I'm a female also

The child's father has never seen him nor wants anything to do with him also been in jail every since before he was born

Ellaretha Coleman answered on May 21, 2019

You are only going to be able to have a relationship with the child to the extent the mother allows you to. There is no avenue for you to obtain legal rights to the child absent a step-parent adoption.

View More Answers

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.... Read more »

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... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on

Q: Georgia, divorce filed, no court order, mother takes son 18 mo, denies father any contact, 2weeks so far, is this legal?

Additionally, mother takes child on dates with the man she has and is having an affair with. Acts as a couple in front of child, hugging and kissing.

Ellaretha Coleman answered on May 19, 2019

You need to request a temporary hearing to put a temporary parenting plan in place.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Georgia on

Q: My daughter’s daughter's father took her daughter and will not give her back. They are in the state of Georgia and unwed

He had had her every since Christmas.

Regina Irene Edwards answered on May 18, 2019

Consult a family law attorney who can advise you of your options. There isn't enough information to give you specific advice.

1 Answer | Asked in Child Custody for Georgia on

Q: Can grandparents get custody of a grandchild if the grandchild has not been legitimized by the unmarried father in Geor?

Regina Irene Edwards answered on May 17, 2019

The short answer is yes, but it is a fairly high legal standard and complicated process, so you need to consult with an experienced family law attorney immediately.

1 Answer | Asked in Child Custody for Georgia on

Q: What happens next when the mother does not want to sign custody papers that have been agreed upon by both lawyers?

Regina Irene Edwards answered on May 17, 2019

You should ask your current attorney this question.

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on

Q: What can I expect going into court?

I have raised my four children for two years on my own with no support. One year ago he started getting them every other weekend. (He walked out and moved in with a girlfriend he cheated with two years ago.) They visit with him where he lives with her.

Now he is asking for joint custody (we... Read more »

Ellaretha Coleman answered on May 13, 2019

A court is not likely to give him joint physical custody if there is a significant distance between the parties' residences. Additionally, if he went a two year period without support or visitation with the children, the court will also consider those facts in determining whether he should have... Read more »

View More Answers

1 Answer | Asked in Divorce and Child Custody for Georgia on

Q: A divorce petition filed and served, can on parent abscond with their child and prevent the other parent from seeing him

Regina Irene Edwards answered on May 12, 2019

That should not happen, even before a divorce being filed. If there is a standing order that was filed and served, then the other parent might be in contempt for violating it.

2 Answers | Asked in Child Custody for Georgia on

Q: Will a notarized paper hold up in court giving all rights over to grandmother for her dropping child support,

Do I have any rights? No judge or court

Samantha A Holloway answered on May 4, 2019

Hello,

Im not sure exactly what you are asking regarding child support or rights. Generally, affidavits are considered hearsay and are only admissible as evidence in limited situations. I would suggest that you contact an attorney regarding child support, rights, and the use of...
Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on

Q: Does the right of first refusal must specifically be in a parenting plan to be enforced?

The parenting plan has the Rtfr as an example but it specifically doesn't spell it out in the clause. Could this still be enforced or does it need to be modified?

Regina Irene Edwards answered on May 3, 2019

It has to be included to be enforced.

View More Answers

1 Answer | Asked in Child Custody for Georgia on

Q: Are recorded phone conversations between me and the mother admissible in custody hearing as evidence?

I have proof through recorded phone conversations of the mother being unfit and the home unsafe. I filed modification of custody and want to present those conversations as evidence.

Regina Irene Edwards answered on May 1, 2019

If both parties were in Georgia at the time, conversations between the two of you are admissible.

1 Answer | Asked in Child Custody for Georgia on

Q: Can I win custody with recordings of mother admitting making daughter clean up drunk boyfriends throw up/spit off floor?

My kids mother has physical custody for my two kids girl 11 and boy 13. her boyfriend is an alcoholic and she had my daughter cleaning up his spit and throw up off the floor. We got divorced in 2017 and the kids remained living with me when she moved out until I got remarried and she decided to... Read more »

Samantha A Holloway answered on Apr 30, 2019

It is difficult to say if specific instances will enough evidence to win a modification of custody. The decision will ultimately be made by a judge, and we are not judges. A judge will typically hear all of the evidence that is presented and determine what living situation is in your child's best... Read more »

2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Georgia on

Q: How can I stop my ex wife from using her crazy friend and her husband as babysitters for my 5 y.o. daughter?

The woman is bipolar, manipulates ex wife and has had violent outbursts at work The husband hacked into my laptop, email accounts, travel, Expedia, HSA account, mobile phone account and printed all of this. He has also planted spy cameras in ex wife's home, office and filed a TPO on his 15 y.o.... Read more »

P. Justin Thrailkill answered on Apr 30, 2019

Personal issues between you and these people is not going to be enough to prevent them from babysitting. If you have genuine concerns for your child's safety in the care of these people, you may want to talk to counsel about filing for a modification of custody and visitation and asking a court to... Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on

Q: If me and my child’s mother signed a paternity acknowledgment and birth certificate does it make me have any rights

Ellaretha Coleman answered on Apr 30, 2019

Unfortunately, not. Until you petition the court to legitimize your child, you will not have any rights to custody or visitation.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.