You can ask for anything but that doesn't mean you're going to get it. The case is unlikely to get dismissed and if the father has an attorney you should have one too. His motives for filing for legitimation don't matter. He has a right to legitimize and in that action, he can ask... View More

The state of Georgia does not award retroactive child support. When you do obtain a child support order, it will be from the date the order was signed going forward. It will not address child support prior to the date of the order. But it seems like your focus should be on having the... View More

Hire an attorney who represents parents in these types of cases so they can petition the court for the return of your child or children. You may have to agree to random drug testing but that shouldn't be an issue if you want to get your children back. But I would move quickly so your kids... View More

I would get another attorney before it's too late. Prior to your parental rights being terminated you should seek alternative counsel and ask for a continuance if necessary, so your new attorney can familiarize themselves with what is probably a lengthy case. If you do not have faith in your... View More

It is hard to answer this question as accurately as possible without viewing the actual court order, either the final order which addresses visitation or the parenting plan. But without having viewed any documents, I would say no, neither party can change the location ordered by the court for the... View More

File for legitimation, have the mother served, and then ask the court for a temporary hearing so you can obtain a temporary order giving you primary physical custody of your minor child. Then you can make major decisions until such time as the court can make a final determination on custody &... View More

If the person who has your children has temporary guardianship then you can file to terminate that guardianship. If they have custody you can file for a modification of custody. But you can always take that person back to court to get custody of your children back. Or if you just want visitation... View More

You have every right to be concerned and I advise you take action as this relates to health and safety. You need to reach out to your family lawyer and craft a plan to address and ensure the child is not being cared for in a negligent manner, as the DUI shows is happening.

It is routine... View More

If you do not have a court order that addresses your child being driven by the father's spouse, then the only thing you can do to prevent that from happening is go back to court to have the court address that issue. The court can order that the spouse not be able to drive your minor child,... View More

This is up to a judge, should the father take the mother to court and sue for primary physical custody. The judge looks at several factors to determine what is in the best interest of the child. There is a chance the father could obtain primary physical custody. But no attorney can tell you for... View More

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answered on Jan 23, 2025

Neither party "should" be granted custody. It's a case by case basis based on the facts under that case. The court considers all the following, then decides. OCGA 19-9-3

(3) In determining the best interests of the child, the judge may consider any relevant factor... View More

In order for there to be a garnishment there must be an order that was entered against you requiring you to pay those fees. Once there is an order for you to pay, there are post-judgment collections that the party who is owed money can exercise and garnishment of wages and bank accounts fall under... View More

No once a child support order is signed by a judge only the judge can dismiss the order. And there’s no law that allows you to dismiss your child support order because you don’t have visitation. If you want visitation then you petition the court to legitimize you and ask for the visitation... View More

You aren't able to just cancel a child support order once you petition the court for one. Only the court can dismiss an order of support and that typically happens when the child has aged out of child support, been adopted, or if it is determined you are not the biological father. You are... View More

I'm unsure why child support was not adjudicated in your divorce as the divorce should have included child custody, child support and visitation. But you can always apply for child support as long as the child meets the requirements for support. And if you have someone whose income may be... View More

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answered on Jan 2, 2025

You do not have to let the child go with the father based on what happened. You can file a case for paternity and child support, and he may choose to counterclaim with a request for parenting time. But speaking with an attorney about establishing a child support case would be the next step.

The parties can decide their own visitation outside of the courts. But if the father is unable to come to an agreement with the mother on visitation without court intervention, he will have to file an action to legitimize and he can then seek some form of custody & visitation. Child support... View More

If neither of you have filed for divorce and no standing order has gone into effect prohibiting either parent from removing the children from the court's jurisdiction, then technically either parent is able to travel with the children. However, if you remove the children and hide them from... View More

When you later married the father the child was then legitimized. You can file for divorce and ask for sole legal and physical custody. It would be up to the father to ask for any form of custody or visitation, as you would have to have the father properly served. But the child is legitimized... View More

As long as you still live in GA any contempt action you file must be filed in GA. Then you have the mother served and the action moves forward in GA. Speak with an attorney who can assist you.