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Georgia Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Collections for Georgia on
Q: My ex-husband's attorney has had my wages garnished to pay his attorney's fees. It is more than I can afford.

They are now attempting to get fees for the private investigator he hired to surveil me. I cannot afford to continue to pay this garnishment. I am a single mother of 4 and a public elementary school teacher.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

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

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Termination of Child Support Order

If I voluntary put myself on child support and haven't spoken nor seen my child over five years plus contact the other parent every week to speak to our child and she/he doesn't answer and just want to just collect child support payments without having to co-parenting; Am I able to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

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

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I recently got divorced and won sole custody and sole placement.. can I apply for child support and win?

There's a permanent restraining order in place that will be lifted December 2025 the other parent lives in a different state.. it is disability benefits but our bills are more than and I am unable to work the father is a barber in a different state who lies and act like he's unemployed... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 6, 2025

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

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How to handle visitation when father is not legitimized?

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Regina Irene Edwards
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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.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How to handle visitation when father is not legitimized?

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Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 6, 2025

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

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Can I take my kids out of state to get away from my abusive husband?

If we go somewhere he can't find us can we establish residence away from him?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

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

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: If you conceived the child then got married does the father have rights in ga

Also the baby was born and they still wasn’t married the kid was two before they married but the father is in prison for child molestation but not for the kid but because of a 13 yr old girl boss he have or when he gets out would he have any kinda rights to the kid

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

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

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2 Answers | Asked in Child Custody for Georgia on
Q: I have a GA custody order( I live in GA-ATL). Kids live in FL with Mom and she will not follow the court order.

Can I file motion for contempt in GA and serve her in FL?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

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.

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2 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: In the state of Georgia, do both parties have to agree to a child support addendum during a divorce? I never agreed

To any of the child support addendum. My ex husband has put false info and it has been approved without my permission.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

Child support addendums don't simply get approved, unless you came to an agreement. Otherwise, at trial, both parties would submit to the court a proposed child support worksheet, addendum, and evidence, and the court would decide what amount to order and what to put in the final order. If... 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

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

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