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Georgia Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can stepmom in Tucker GA be charged for taking my grandson to NY without dad during mom's visitation?

Can my grandson's stepmom be charged for taking my grandson to New York, NY without his dad, which kept him out of state and not present for mom’s scheduled court ordered visitation. This was done during the July 2020 prohibited COVID 19 travel order by Governor, restricting GA residents to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Nov 23, 2020

You have asked this question before, and the answer is no. This forum is for general questions about family law.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Georgia on
Q: If my grandmother has custody of me and my mom won't let me go back to her what should I do?

My grandmother got custody of me when I was 7 months and (I'm 16 now). I've lived with my mom for the past three years and she always tells me I'm not going anywhere and that I can't go back and live with my grandma. I don't like being with my mom. I always hide my feelings... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Nov 18, 2020

If your grandmother has full legal custody of you then she can take action to have you go live with her. Have her consult with an attorney or call the police.

2 Answers | Asked in Child Custody, Child Support and Juvenile Law for Georgia on
Q: Is there a law in Georgia that states a divorced parent can't move out of state?
Samantha A Holloway
Samantha A Holloway answered on Nov 8, 2020

I’m not aware of a law that prohibits a divorced parent to move out of state. However most parenting plans contain a provision that requires parents to notify each other in advance when they are moving.

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4 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: How can i file for emergency custody not in same state as child

Let state n child due to domestic violence. Father has in dangered myself n child and recently been locked up and has serveral open cases n current drug addict

Ellaretha Coleman
Ellaretha Coleman answered on Nov 8, 2020

You need to contact an attorney in the state where the child is located to file a petition for emergency custody if someone other than you has legal custody of the child.

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3 Answers | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: If the divorced father doesn't work will/can the courts consider/touch his new wife's income?
Ellaretha Coleman
Ellaretha Coleman answered on Nov 8, 2020

No. The new spouse's income is not factored into a child support order. However, just because he refuses to be employed does not mean that the court can not impute him at an income commensurate with what he has the ability to make.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: How should i go about seeing my daughters without the cops? My mother kidnapped them 5 months ago i drove from Michigan

They are in a womans shelter in st marys and would like to see them

Homer P Jordan IV
Homer P Jordan IV answered on Nov 6, 2020

If you have custody of your children then you have the rights to go pick them up. If she won’t allow you to then you must get the police involved.

1 Answer | Asked in Child Custody, Civil Litigation, Family Law and Legal Malpractice for Georgia on
Q: Are GA deputy sheriffs authorized to administer legal advice to the public?

And if so... to what extent?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 1, 2020

Only licensed attorneys are authorized to give legal advice to the public.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Need help get fu custody of my niece what steps do I need to take

My sister has a child protective cases which they need to come get the baby

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

You should consult with an attorney who can review the facts of the case and present you with the options. There are a variety of factors that come into play on something like this and you need an attorney for guidance.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: mother has not been child's life since 2015. lives in another state who has legal custody? still legally married to her.

our child has mental conditions and i have been making all the decisions. now she wants to start making decsions after almost 6 years. she wont divorce unless i do under her terms. she has our daughter and i have our son. she wants to make decisions but still has no contact with him. he is 16

Ellaretha Coleman
Ellaretha Coleman answered on Oct 29, 2020

If you and the mom are still married, you both have the same custodial rights to the children of the marriage.

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2 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Child Support for both girls? One is his biological the other mine and he supports.
Regina Irene Edwards
Regina Irene Edwards answered on Oct 28, 2020

He's only obligated to pay support for his 1 child.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: Will, I revived child support for both girls, and am I entitled to alimony? I've been a stay at mom for 5 years

I am wanting to file for divorce from my husband of almost 8 years. I have been a stay at home mom for most of those ye

V. Joy Edwards
V. Joy Edwards answered on Oct 28, 2020

If you have custody of the children you should receive child support. It is likely that you will get some alimony for a period of time if you don't earn an income. Call us to help you get things in order.

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1 Answer | Asked in Child Custody for Georgia on
Q: If I am on the birth certificate and were never married do I have equal rights as the mother in Florida

If her mom there grandma got power of attorney over ou kids where does our right stand and we not together

V. Joy Edwards
V. Joy Edwards answered on Oct 26, 2020

Georgia requires you to legitimize the child. You can call us to schedule a consultation to review your options and plan of action.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Georgia on
Q: Hypothetically if someone were to go with someone willingly but without non legal gaurdian consent is it still a charge?

For instance being abused running away from a drug filled home etc.

Homer P Jordan IV
Homer P Jordan IV answered on Oct 23, 2020

Until a child is 18 they have to live where their parent/guardian says, unless they are able to become legally emancipated. If there are problems in the home then Child Protective Services should be notified. If the person goes with someone who is not a legal guardian and without permission, then... Read more »

2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Military Law for Georgia on
Q: I am 17 years old enlisted into the active army and will graduate in dec 2020 can i leave my moms home?

My DFCS case has been closed after almost 2.5 years. I enlisted in the army July 9th 9 days after my 17th birthday June 30, i am trying to leave home right when i grader Dec 18th 2020 legally and without any consequences due to my army contract !!

Regina Irene Edwards
Regina Irene Edwards answered on Oct 23, 2020

You are are minor until age 18.

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1 Answer | Asked in Criminal Law and Child Custody for Georgia on
Q: When taking a plea bargain, can the district attorney add a charge for a person who is not involved in the case?

Been fighting back and forth for criminal trial and finally been offered a plea bargain. First judge said no but going back in front of another who is certain to sign and accept. Just worried that might be added a charge. Was promised first offenders act of Georgia with the two charges.

Seth Meyerson
Seth Meyerson answered on Oct 20, 2020

You need an attorney.

1 Answer | Asked in Child Custody for Georgia on
Q: If I have sole custody of my kids , and the father tries to get half custody, will he be successful if he fails a drug?
Regina Irene Edwards
Regina Irene Edwards answered on Oct 19, 2020

It depends. A positive drug test is never a good sign, but the court can take into account many factors, and that is just one of them. You need to speak to an attorney who can review your entire case and give you specific advice.

--Regina Edwards | www.EdwardsFamilyLaw.com |...
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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My daughter and her mom have been fighting and alot my daughter wants to live with me. What are her options

My ex is also wanting to move 2 hours away due to some bad choices she made and start over but 2 of my 3 kids are not wanting to go

Regina Irene Edwards
Regina Irene Edwards answered on Oct 18, 2020

You need to contact an attorney about filing a custody modification.

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3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: As a grandparent I have permanent guardianship over my 2 young grandchildren ages 6 and 8.

Can their father who has not legitimized either child take us back to court to modify the guardianship order because he misses his kids and demands we let him take them for overnight stays 4 hours away? Mind you he is a drug user and states he has been “sober” for 10 months of which we cannot... Read more »

V. Joy Edwards
V. Joy Edwards answered on Oct 18, 2020

You are within your rights to deny visitation that is not court ordered. He may take you back to court to try to get an order giving him visitation. I would advise that you contact us to schedule a consult so you can be prepared if this does happen.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Where do I file a motion asking for a GAL to be appointed into a custody case?
V. Joy Edwards
V. Joy Edwards answered on Oct 13, 2020

You would file it in the case that is pending. If there is no case pending, you need to contact an attorney to assist you with getting the relevant legal advice to move forward. You can call us to schedule an appointment for a consultation. We are happy to help.

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2 Answers | Asked in Child Custody for Georgia on
Q: The petitioner sent a picture of The Rule Nisi but has not officially had me served, Will there still be a court date?

The Petitioner does not have my home address

Regina Irene Edwards
Regina Irene Edwards answered on Oct 11, 2020

You should contact an attorney about your case. This is a very specific question and someone needs to review all your pleadings before giving specific advice.

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