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Georgia Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Health Care Law for Georgia on
Q: In Georgia, can a transgender minor receive hormone replacement therapy with consent from only one adult?

The parents are divorced and have joint custody. They did not go to court; they had an agreement with their own individual lawyers and counsellors. Mom has overall medical decision but would have to pursue through the courts.

Mom supports the decision, the father does not.

Homer P Jordan IV
Homer P Jordan IV answered on Jun 29, 2020

Have you discuss the issue with the other parent? You may want to do that and see where that parent stands on the issue. Beyond that you may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: If someone doesn't show up to court is it always a default judgement

I'm trying to see if I need to file an appeal or a notice to set aside default judgment. Court summons was sent to an old address and on court papers it says mail returned

V. Joy Edwards
V. Joy Edwards answered on Jun 27, 2020

It sounds like service was not perfected so the case should not have gone forward. You need to speak with an attorney to be sure what your rights are. Give us a call. We would be happy to help.

The Edwards Law Group

770-723-7211

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2 Answers | Asked in Child Custody for Georgia on
Q: If primary custodian doesnt keep kids for 2weeksand instead they stayed with me and my family Do I still pay child supp?

The primary custodian is the children’s mother. She has not kept them in two weeks I pay my child support every two weeks. They have been staying with me and my family during these two weeks they have been to her house two days and I’m being generous. Do I still need to pay child support even... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 26, 2020

Yes, you have to pay child support.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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3 Answers | Asked in Child Custody and Child Support for Georgia on
Q: If a father is on the birth certificate but the mother will not let him see the child, what does he need to do?

They also want to do DNA to make sure the child is his.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 24, 2020

The father needs to legitimate. His name on the birth certificate and even a positive DNA test is not enough to establish his legal rights, in the state of Georgia, as the father of the child. Additionally, he may be required to pay child support but still not have legal rights to the child. For... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: What motion do you file to change the jurisdiction of a custody case?

My husband's ex moved his child to South Carolina from Georgia 6 months ago. The original order was filed in Georgia. He wants to modify visitation but isn't sure if or how to transfer the jurisdiction of the case to South Carolina. What is the motion called that he'd have to file to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 22, 2020

The case must be filed in Georgia. Georgia is the only state that has jurisdiction over the case. A Georgia judge may have the option to terminate its own jurisdiction and allow a case to be filed in South Carolina, but that is unlikely after only 6 months.

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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: My granddaughter had lost coustdy of her two kids, she is indigent, needs help badthey are running over her bad

They took. Her 4 year son, and sent him to arzonia, she is a great mother

Homer P Jordan IV
Homer P Jordan IV answered on Jun 16, 2020

Try contacting legal aid to see if she can get assistance. Additionally, you can try calling the state bar to see if there are any pro bono attorneys in your area. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Estate Planning, Family Law and Child Custody for Georgia on
Q: What type of attorney does she need?

I have an elderly friend who has full custody of her great grandson. She is wanting to have paperwork stating who the child should be appointed to in case of her death. She wants to appoint a non family member. Is that possible?

How can you not have a say in where the child should go.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 15, 2020

It's not possible to designate who will take care of a child after a guardian's death. That is not binding. Whoever wants custody at that time will have to file something.

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1 Answer | Asked in Child Custody and Internet Law for Georgia on
Q: As the primary custodial parent, can I order my ex’s wife to not post pictures of my children on her social media?

My ex recently remarried and his new wife posts pictures of my kids on her social media and I am uncomfortable with that. We have shared custody but I have primary custody as they are with him less than a quarter of the days of the year. Am I legally justified to ask her to refrain from posting... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 15, 2020

You can ask her, but she doesn't have to agree. Unless there is a provision in your divorce decree regarding social media, either one of you can post whatever you like.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: What if I live and have my child in Georgia (father lives in Puerto Rico) then I move to Puerto Rico, live with my

Baby’s father and then I decide to move back to my home town with my child but without the father , Is that legal?

Regina Irene Edwards
Regina Irene Edwards answered on Jun 14, 2020

I'm not sure what you're asking. You and your boyfriend are free to move wherever you like.

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1 Answer | Asked in Child Custody for Georgia on
Q: What if both maternal and paternal grandparents are not able to Care for my child in the event of my absemce

Can I give poa to a close friend?

Ellaretha Coleman
Ellaretha Coleman answered on Jun 12, 2020

You are not restricted from giving a power of attorney to only your children's grandparents.

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Wife left 2 years ago. I have the kids she has made no contact with me or the children I need a divorce but how

I went to jail in 2018 on a violation of probation warrant. For non report. My wife dropped my kids off at my brothers and took off. She returned I think 2 times to visit until my brother realized she was abusing drugs and the court appointed him and his wife guardianship. I was released March of... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jun 12, 2020

If you do not know your wife’s whereabouts, you can file for a divorce by publication.

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2 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I’m seeking a divorce from my husband. Currently I have a TPO against him for threatening my life and our child.

He has violated the TPO 3 separate times since being issued on apr 1,2020. We have a martial home. He has completely cut me off financially. He has had several affairs and currently has his latest gf living in our martial home. Where do I begin to file for a divorce?

Regina Irene Edwards
Regina Irene Edwards answered on Jun 10, 2020

You need to contact an attorney and they can help you file for divorce.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Can you answer a few questions on the wording in my divorce agreement?

Regarding alimony: the agreement reads, " Husband's obligation to tender lump sum alimony payments shall terminate if the wife dies or remarried, whichever first occurs. Does this mean if the wife remarries all alimony will cease?

Regarding Christmas visitation, it reads parties... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 4, 2020

1. Alimony terminates upon remarriage.

2. I think Dec 23 is a typo. It only makes sense if it says Dec 26, unless Christmas eve and Christmas Day are spelled out elsewhere.

you may need ton consult with your divorce attorney to get clarification.

--Regina Edwards |...
Read more »

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Do you have to be served or notified of parental rights being terminated while incarcerated at rehab facility

I was in a state drug alcohol facility and wasn’t allowed to talk to my 12 year old son the entire time.

Once released I tried contacting father to find out when I could see him and he told me my rights had been terminated but I haven’t been served and can’t seem to get anyone to... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 4, 2020

More information is needed before an accurate answer can be provided. However, you do have due process rights. It is best to contact an attorney as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

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

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My ex husband is asking for a dna test one year after we divorced can I keep the baby away from him until the test

In the custody agreement he gets every other weekend but when he gets mad he wants a dna test can I keep the baby away from him until he gets the test done

Regina Irene Edwards
Regina Irene Edwards answered on May 28, 2020

No, you can't keep the baby from him. If he has a parenting time order, you must follow it.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Georgia on
Q: My ex wife won joint custody despite the many reports against her. How do get them to release such info and not hide it.

I was meant have full custody, the CPS employees were to send the documents and come to court two which they didn't. So by default it was settled that there be joint custody. I findnit unjustified that they actually helped her even though evidence showed signs of abuse and neglect. Now they... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on May 27, 2020

You need to get an attorney to assist you.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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2 Answers | Asked in Child Custody for Georgia on
Q: What is estimate cost of lawyer to fight legitimation and court cost?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on May 26, 2020

It varies. It is best to contact an attorney who can assist you.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

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

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2 Answers | Asked in Child Custody for Georgia on
Q: Non custodial father seeking overnight weekends...

Non custodial father of 3 yr old, hasn’t seen child in 2 years (never created a connection with the child as a baby) all of a sudden seeking legitimation to get over night weekends. Father lives in crime neighborhood, an hour away from the mother, and has even spoke of selling drugs himself from... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on May 26, 2020

Whether a judge will grant the legitimation and visitation request will depend on whether the judge finds that it will be in the child's best interest. If the mother has serious concerns about the child's safety, she should hire an attorney to fight the legitimation action if the father... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: How likely is it that a non custodial father who has never sought to establish a connection in 3 years...

Is now seeking to get him on the weekends. My son is now 3 years old, the father and I were never in a relationship and I never got to know him very well and do not know his family at all. I’m unsure about my sons safety and well being. Is there anything I can do to stop the weekend sleep overs?

Ellaretha Coleman
Ellaretha Coleman answered on May 26, 2020

Based on the lapse in time with no involvement from the father, he may have abandoned his interest in having a relationship with the child. Whether the judge will deny his request for legitimation and/or visitation will depend on a number of factors, including the judge and specific facts of your... Read more »

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