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Georgia Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What constitutes a week of summer visitation in Georgia? 5 days or 7 days? Does regular visitation count in that time?

Judge ordered 2 weeks non consecutive visitation during the summer. They already get alternating weekends as regular visitation.

Is the week visitation constitute 5 days (Mon - Fri)? Or is it 7 days (Mon - Sun)? And does it include the normal visitation or in addition to the normal visitation?

Regina Irene Edwards
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Regina Irene Edwards
answered on Mar 21, 2023

A week is 7 days. It is in addition to the normal parenting time.

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1 Answer | Asked in Child Custody and Juvenile Law for Georgia on
Q: Can a 17 year old up and live with Dad? (In Georgia)

I’m a 17 year old who is not happy being with my mom, For months i am mentally not happy. I just want to stay with my dad after i get out of school for the summer May 24th 2023. Many arguments, i was starting to do poorly in school here at my moms when i used to be a student that would excel. I... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

If you leave your mother to go and live with your father without a court order, your father would technically be kidnapping if he refused to produce you back to your mother. If you want to live with your father the proper way to go about that is for your father to either file to modify an existing... Read more »

1 Answer | Asked in Child Custody for Georgia on
Q: Can grandparents file custody/visitation for a child after father got legal custody Nov.2022 from mother?

Mother turned physical and legal custody of both children to each father after being evicted from her own father's rental house. She moved out of state to live with boyfriend. Maternal Grandfather seeking custody/visitation of only one child(Girl 5) and not the other child(Boy 2). Grandparents... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 10, 2023

Grandparents can file a petition for visitation and/or custody. Whether or not they are awarded the relief they are seeking would be up to the court. Should you be involved in a custody action against a grandparent, I would advise you to hire an attorney to represent you.

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Do I need a lawyer to get a visitation schedule to see my child or would that be my right after paternity is confirmed?

The matter will be heard in Fulton Country GA and a petition for Paternity and Child Support was filed. I know I need to file an answer and counterclaim for legitimation to get proper rights in GA and a definitive visitation schedule.

There is already a child support order from Illinois... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 8, 2023

If you choose to represent yourself you will be expected to have the same knowledge as an attorney. You will be expected to handle your own discovery, your case in chief and to prepare all of your documents for Court. I would highly suggest hiring an attorney, because the child support, custody... Read more »

1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: Is there any way to get a pro bono divorce for low income people?

I don't make a lot of money as I pay half of the household bills. I have a child with my husband, but I need to get a divorce from him.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 28, 2023

There are no pro bono attorneys. There's no such thing. There are attorneys who do some pro bono work. But just like you can't work for free because you have household bills to pay, so do attorneys. Therefore, it's unlikely that you're going to find anyone who is willing to... Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: legitimation/ temporary custody hearing with child’s father august of 2021. I just received notice for a final hearing.

What should I expect as far as the procedure? I thought case was closed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 28, 2023

I can't tell you what to expect when I don't have any details of your case. You stated, "legitimation/temporary custody hearing with child's father august of 2021, I just received notice of a final hearing. What should I expect as far as procedure? I thought the case was... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Does a child have to be a certain age to decide which parent they want to live with if they have joint custody since div

The children do not want to go back to their mother's house when they have to go back home Sunday because of abuse and new husband and problems there

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

The Georgia code states:

5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected...
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1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Education Law for Georgia on
Q: Can a CASA become a career GAL? (Be a paid GAL instead of volunteer)

Research seems to show volunteers can be GALS as a CASA but to be paid you must be a licensed mental health professional or lawyer. Are there other pathways to being a GAL?

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

From a webpage I often rely on:

Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided...
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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Title 15 - COURTS Chapter 11 - JUVENILE CODE Article 3 - DEPENDENCY PROCEEDINGS Part 1 - GENERAL PROVISIONS

How do I start the process of getting to see my son and start the legal proceedings to obtain custody help.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

It is unclear from your question whether you are the mother or father of the child. If you are the mother, if your child was taken from your custody, you should have a hearing, in order for the state to provide you with the reasons why they feel the child should have been removed from your home.... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Sister in law claims we have a dcfs case but we havent seen a case worker or judge. Can we go get out children from her

Sister in law refuses to give us our children back claims dcfs gave her custody but we havent had a court hearing or a case worker

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you have not seen any paperwork that provides your sister in law with temporary custody or guardianship, her refusal to produce your children could be considered kidnapping. I would advise you to contact the juvenile court and see if there is a case involving your minor children. I would also... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My 16-year-old daughter wants to be adopted by her stepdad (my husband)

My 16-year-old daughter wants to be adopted by her stepdad (my husband). Her birth father has not paid child support since early 2020, has not seen her since mid-2020 (June or July) and has not contacted her since end of 2020 (December). I have attempted to contact him with no luck in getting... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

You can contact the father to see if he will sign paperwork to consent to the adoption. You can also file to terminate his parental rights so the child can be adopted. I would seek an attorney who can assist you, as there are some who dedicate a part of their practice to the field of adoption.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can they terminate my rights to my children if the father has chosen to do drugs?

They have been in foster care for 18 months and talking about termination because their father is on drugs. But I have everything that was required in order for my kids to come home.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you are still living with the father after 18 months of your children being in foster care, the Court has likely determined that the children can't be released back into your home, if the father is not sober. There appear to be some details that have been left out if the Court is... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Plaintiff filed a motion of contempt saying I’m not complying with a parenting plan. Counterclaim has been filed. No res

Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

It's likely that a Motion to Dismiss will be denied. The Court is going to set a trial for the Plaintiff's contempt motion to be heard. I would focus on preparing for that hearing so that you can respond to the evidence and testimony. I would also advise you to hire an attorney prior... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: DFCS caseworker became friends with mother of my child and went to lunch during active investigation. Is that legal?

During an investigation, the case worker was not helpful to me at all. Come to find out, she befriended the mother of my child and was having lunch dates with her during an active investigation. Is that legal? If it’s not illegal, is it at least a conflict of interest? Is there a possible lawsuit... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you have a case that is still ongoing I would seek an attorney to represent me. Sometimes each parent is not given the exact amount of time in an investigation as the other. And that could be for a variety of reasons, such as, they had additional questions for the mother regarding allegations... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How long after my child is born does the father have to file for rights?

long story short my son is about 15 months old and his father has never paid child support or tried to help me out. He doesn’t visit him and the only way he sees him is if I drive him 8 hours to my home town (yes I have told him he can come visit, his reason is not being able to put miles on his... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 25, 2022

You need to ask a Kentucky lawyer. Laws are different state by state.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can I track my toddler when he’s with his dad that’s NOT on his birth certificate?

My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... Read more »

Leo Hughes
Leo Hughes
answered on Dec 24, 2022

The question is whether the bio father legitimated the child or not. It’s a court proceeding. If the child is not legitimated, the father has no legal rights over the child - no right of visitation or custody.

1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: My wife and I are currently going through a divorce but she refuses to sign the paperwork and won't let me see my son.

Is there any type of emergency order I can file for parenting time with him?

Robbie Levin
Robbie Levin
answered on Dec 24, 2022

It sounds like you need a Temporary Hearing to set up visitation until the Divorce can be finalized. The court can set a time/date for a temporary hearing.

For more information, visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: Can I track my toddler when he’s with his dad that’s NOT on his birth certificate?

My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... Read more »

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

In the absence of a court custody decree, a child’s father has the exact same legal rights as a child’s mother.

Would you be upset if he was tracking you when the child was with you?

1 Answer | Asked in Child Custody for Georgia on
Q: A woman loses custody of her child, but maintains her parental rights. What are those parental rights?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 19, 2022

This is a specific question that can't be answered in a vacuum. I am sure there are court orders involved, so an attorney would have to review all orders in order to advise what rights she has.

1 Answer | Asked in Family Law, Child Support and Child Custody for Georgia on
Q: What can be done about the custodial parent that won't work, just wait around for child support payments?? Able-bodied.

Is there anything that can be done about the custodial parent that will not get a job? Her not working has my monthly payment sky high. She chooses to not work and get state assistance, living assistance, and child support...

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 14, 2022

No one can force her to work. You can file a modification and try to prove she is capable of earning more. Also, you have to fact in thr cost of child care if she were to work. You would have to contribute to that also.

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