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Georgia Child Custody Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Kedra M. Gotel
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answered on Nov 16, 2024

A child conceived during a marriage is presumed to be the child of the marriage unless a genetic test proves otherwise. In your divorce proceeding your husband may ask the court to enter an order for a genetic test. He would then submit to the test along with swabbing the child. If the child proves... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

Voluntarily terminating your parental rights does not relieve you of the obligation to pay child support. If the child were legally adopted then the father's obligations would sever. But that's the only way to avoid paying child support is legal adoption by another party.

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If my child’s father cut off all contact and visits with my child but brought a gun into my home can he gain visitation?

Father hasn’t visited since child was a month old nor has provided any financial help but brought a gun in my home & my only proof is my family but wants to get rights

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

The father can pursue parental rights in the courts should he choose to do so. And if that happens you will have your opportunity to admit or deny any of the allegations in his petition and let the court know whether you agree with him obtaining those rights or not. Then it will be up to the... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: OP making it hard for me to work evenings at my job. OP started calling between 20-33 times a month for 2 years now.

The parenting plan states, When child is in the physical custody of one parent, the other parent will have the right to contact the child by telephone. Other parent is saying I need to be available every time he calls the kids. In addition I don’t like the fact of buying a phone for the child... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

Telephone visitation is not ordered so one party can harass another. The calls need to be reasonable while the child is in your care, custody & control. However, if your schedule prevents you from allowing the other parent to talk to the child, and you refuse to get the child their own phone... View More

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My ex has visitation of our 12 and 9 year olds, he supposed to have visitation which is court ordered 1,3,5 weekends

He is now homeless and takes our children to airbnb and hotels for his weekends. Can I withhold visitation until he has a place to live?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

No, you cannot unilaterally decide to deny his visitation because you deem the places he is taking the children to be unsuitable. If he is taking them to rented locations, then they are in safe, probably sanitary, residences, even if they do not belong to the father. If you want to modify his... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: child’s father has moved across the country no support can I remove from birth certificate?

my child’s father moved across the country. We were never married, but he was put on the birth certificate. We have never gone to court. He would just randomly send money every once in a while, but has stopped in the past six months can I remove him from the birth certificate?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

I'm not sure why you would want to move the actual father from the birth certificate. If you want child support you can go through the court to obtain an order or through the state. Opening up a case with the state will be of lower cost than hiring a private attorney. Yet, a private... View More

1 Answer | Asked in Family Law, Real Estate Law, Child Custody and Child Support for Georgia on
Q: What if the other party's lawyer is asking demands via phone and refuses to email me anything? Can I report him?

The father of my child is asking us to leave the house, under his name, and is demanding short time. He moved out years ago. The lawyer has not presented me with papers or anything physical but constantly calls me, and reminds me of deadline. I told him, nothing is legitimate until I see papers.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

If you have a family court case you should hire an attorney with experience in handling those matters. As you are the opposing party, and you do not have an attorney, the attorney representing the other party does have to speak directly to you, regarding the case. And they can choose to... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Anyway I can terminate child support?

I had a baby out of wedlock she put me on support and won’t let me see the child due to not being legitimized, anyway to terminate the support?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

No, a court does not allow a father to terminate a child support order because he does not see the child. If you want visitation you will have to file the proper action and seek those rights. You could be paying child support for 18 years and never see the child. You will need to take the mother... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can my child still decide not to go to his fathers even with a court order now that he is 14?

In November 2023 I finally took my sons father to court for child support after receiving no help for 14years other than cash app of $20 every so often. We signed documents stating he would go to his fathers every other weekend and every other week during the summer. His father however changed the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

The answer to your original question is no. Your 14 year old child cannot decide he is no longer going to go to visit his father. If you want to change the visitation and/or remove some visitation, you will have to take the father back to court. But if you do not send the child, you could be... View More

1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Help needed asap!!

Hello!

I am from Georgia. My sons late grandfather has had custody of him since he was small due to the hostile nature mine and my sons late fathers relationship. Since my sons grandfather has passed away, I have been sent paper work that has been nothing but LIES! How do I go about filing... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

It is uncertain what papers you were served with that contained false statements. I would suggest you speak directly to an attorney so you can explain what action has been filed, what papers you were served with, and get some clarity.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How does a divorce work in Ga while I am a housewife with no access to money..Everything is in my husbands name.

We have been married for 20 years and we chose for me to a be stay at home mom..We have successfully raised two adult children…We have a 7 year little girl now. As of today, I feel he is having an affair and getting ready to ask for divorce..I need to get information of my rights and get my self... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

If you have no access to bank accounts and cash, I would use credit cards, borrow money from family & friends, or whatever you have to do, to hire an attorney. Once you use those funds to retain an attorney, that attorney can seek funds from the court on a temporary basis to pay your... View More

3 Answers | Asked in Child Custody, Civil Rights and Family Law for Georgia on
Q: Child Custody Modification

I have joint custody.My daughter lives with her dad (in Newnan Georgia..(he is domicile parent)She is currently in the hospital due to suicide.Im now wanting full custody what can I do.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

File for a modification of custody and the best advice I can give is to hire an attorney to assist you in this action. And if the father has primary physical custody you should file the action where the father lives, as he is the defendant.

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2 Answers | Asked in Child Custody for Georgia on
Q: Can a mother terminate biological fathers rights after divorce without their acknowledgement
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 16, 2024

No, in order to terminate someone's parental rights you have to obtain an order from the court. Which means you must file the proper action, have the defendant served, and appear before the court and plead your case.

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2 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Can I terminate my rights?

I had a baby out of wedlock and she put me on child support but won’t let me see the child. They see me as a donor? Can I terminate parental rights to terminate the support?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 16, 2024

Terminating your parental rights will not terminate a child support order, nor will it relieve you of the financial responsibility of paying child support. It will simply mean you have no access to the child and no relationship.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I think my husband is planning on divorce me..I have always been a house wife and have raised two adult children..

We now have a 7 year old and I don’t have money for divorce lawyer..My husband gives me allowance to pay bills, grocery, provide for our child and etc..I own nothing..I know he will attempt to get full custody of my daughter..I need advise of how this works in Georgia

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 16, 2024

You need an attorney, that is my advice. A attorney that can get temporary matters in place so that you have your household expenses taken care of while your divorce is pending. Because until you get a temporary order, he could stop paying all the bills and there would be nothing you could do... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: It’s my ex-husbands weekend for our son. He thinks I need to find childcare on his weekend. Is this true ?

He gets our son from Friday night - Monday morning . I have him Monday - Friday morning . He called me Saturday saying I needed to come pick him up and I explained I had plans for my daughter’s birthday. He’s saying I have to watch him because I’m his mother. I get I’m his mother but I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 5, 2024

If he does not appear to exercise his visitation you cannot force him. Therefore, it is likely you will have to keep the child. I would review your court order. This forum is for questions regarding people who haven't been to court and don't know how to address an issue, not those who... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Child visitation states the father gets 2 days a week for visitation on his days off from work. To start at stop at scho

Ol dismissal or 3 pm shall school not be in session. Does that mean 3 pm on first day he gets them and returns them 3 pm the second day?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 5, 2024

We cannot see the actual wording of your document so we cannot answer your questions about what it means. I would suggest consulting your previous attorney or if you represented yourself, a new attorney who can review the document and advise you properly.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Hi I'm a resident of ga my ex we were never married is suing for custody of our kid. They reside with me he recently mo

Moved to Texas hr filed in ga I'm considering moving to fl would it be more advantages to remain on ga

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

I'm sure a standing order went into effect when the case was filed that would prohibit you from moving the children out of the jurisdiction while the case is pending. You can move to FL but likely cannot take the children with you. Hire an attorney.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Can both parties reject a GAL even though it’s court order we have come to an agreement on our own

The father of my children and I couldn’t come to custody agreement so the judge decided to have a Guardian ad litem appointed but the father and I have finally come to an agreement on our own

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

It is highly unlikely the Court is now going to disregard the GAL, even though an agreement has been reached. The Court is likely going to consider the GAL's findings and recommendation as well as any agreement you all have now reached and determine what the final order is going to be. They... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My teenage children want to file an affidavit of election. Can they file without an attorney?

I live in Muscogee County GA, their father lives in Heard County GA. They're 14 and 16, and want to live with me in Muscogee County. Is this something that we can file without an attorney? Does it matter if their father doesn't want them to move here? He has no grounds to contest this... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

There's so much information missing from here that it's hard to provide advice. If there is an order granting the other parent custody, you don't simply file an election for change of custody. You have to file for a modification. Then you must have the custodial parent served.... View More

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