Lawyers, Answer Questions  & Get Points Log In
Georgia Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Medical Malpractice for Georgia on
Q: Hello. I had a child born out of wedlock in Georgia, and the hospital stated by law I had to give him my (mother) last

(continued) name. My husband at the time of birth was not present and lived in another state. Did the hospital legally have to provide paperwork to me (mother) to prove that my husband was not the father and so that the child can take the biological father’s last name?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 22, 2022

If you were married, the child was not born out-of-wedlock, so the child is considered legitimate and the child of your husband. The hospital does not have to prove otherwise.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my ex husband put my 13 yr old away without my permission because he's mad about her moving with me ?

We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 14, 2022

I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: During a temporary hearing in the state of Georgia, which ended with the judge not issuing a ruling but instead

Taking it under advisement, would it be acceptable for the plaintiffs lawyer to ask the judge if he wanted her to send him case texts to help make a decision? The defendant was self-represented only because the opposing side declined when lawyer requested to reschedule so he could familiarize... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 8, 2022

You should rely on the advice of your attorney, who knows the judge and tendencies. Case law is unlikely to make a difference in the judge's ruling unless there are particular legal issues involved.

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I have a 24-year-old sister who's physically and mentally disabled. If she burned herself who would be held responsible?

My Mother files her as a dependent but does not legally have power of attorney over her. I am home most of the time with her and help take care of her with cooking and changing while my mom and dad work.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 4, 2022

No one would be liable.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How much notice is needed to be given by the non-custodial parent in GA for summer vacation weeks?

Our papers state we alternate first choice of dates for 2 non-consecutive weeks yearly, dates given by April 15 each year. The papers do not state a deadline for the other parent. My problem is I work, need to arrange daycare, can’t put my son in camps and so forth without knowing as the... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 4, 2022

Unfortunately, there is no "standard," as it depends on the language of the parenting plan. The entire plan would have to be reviewed to see what the judge would determine.

It may be prudent to write a letter or email to the other parent stating that you will make other plans...
Read more »

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: Is there a public defender in Jefferson county for family court and do they have a number

Public defender for family court Jefferson county area

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 1, 2022

There is no public defender in family court. In juvenile court cases, an attorney may be appointed if a party cannot afford one and termination of rights is at stake.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: What do I do if my child’s father did not sign the birth certificate? I was 17, the father 18…

He didn’t want to sign because the baby was getting my last name and not his, he’s been so inconsistent and now our baby is almost 9 months old and he’s randomly trying to come around more and even mentioning having unsupervised visits with him. The baby is in my care 24/7 and I don’t feel... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 30, 2022

You can't stop him from filing a legitimation case. Fathers are presumed to be able to figure out how to parent just like you figured it out. When he files, you can hire an attorney to respond to the case. In the meantime, unless he has a severe drug, alcohol problem or something similar,... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have 7 summer days in custody schedule. Can I split the days to spend them on two consecutive weekends?

(2) In addition to the schedule set forth above, each party shall have an additional seven day period with the child. The party who’s notice controls shall notify the other party of their designated seven day period not later than April 1 of each year. Mother’s notice to Father shall control... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 27, 2022

7 day period usually is interpreted as 7 days consecutive. But you can attach the week to your weekend to me it longer.

View More Answers

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Should I do my divorce separately from my childs father's rights
Zachary Taylor Beck
Zachary Taylor Beck
answered on May 24, 2022

I am not exactly sure what you mean by "divorce separately from my childs [sic] father's rights." If you are married to the child's father and seeking to divorce him, then the child's father will have to be a party to the divorce action and child custody will be handled in... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can a PI use an eavesdropping and/or location tracking device in Georgia, a one-party consent state?

If police need a warrant for this, and it is unlawful for a private citizen to do so, wouldn't it also be unlawful for a PI to do the same? If lawful, why could information gathered this way be admissible in child custody cases when if gathered by a private citizen or law enforcement agency it... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on May 9, 2022

It is not illegal for a private citizen, which is what a private investigator is, to put a GPS tracking device on a vehicle in Georgia as long as it does not damage the vehicle and is not used to stalk or harass. The police are "state actors." Thus, the 4th Amendment's prohibition... Read more »

View More Answers

1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I need legal help very bad. I have filed for divorce back in 2017 and my x refused to show up for court

My x convinced his parents to call DFCS bc he thought I was on drugs (really bc he later learned I had started dating someone)

His parents are millionaires (truth) and managed to get temporary custody now refusing to give her back bc they don’t like my boyfriend

Judge said I... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on May 6, 2022

It does sound like you have a lot going on. You should consult with an attorney who can review the case in detail and provide you with guidance. If you can’t afford an attorney try contacting Legal Aid to see if you qualify for assistance.

1 Answer | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: I voluntarily closed a reunification because dfcs and my kids father defense. Mentally I'm ready now how do I reopen?

I called dfcs for assistance and explained how I had nothing and nobody to help me after losing my car and having to quit my job no daycare choices for my hours. Mentally I became worse the more they tries to "help" to where I responded I rather die before you continue embarrassing me.... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on May 6, 2022

You have a lot going on here. You should consult with an attorney who can review the facts of the case in detail, help you sort it all out, and provide you with guidance.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can a business, estates, tax, and collections lawyer represent one person in 2 cases against the same defendant?

One case is divorce child custody and the other was a criminal case. We have minor children together I never was able to seek legal representation my ex talked me into signing papers at his attorney's office I do not understand nor comprehend any of this. On top of that the same lawyer and my... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on Apr 28, 2022

You have a lot going on with this. I would be wise to consult with an attorney of your own and discuss the facts of the case so you can get some guidance. The custody of your children is at stake, so don’t delay in getting your own attorney.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I just need a person i can talk to real quick bout what im going thru right now please

Anything that's going on with the child in not trying to help the parents with the child but i think i can talk better then typing i just need someone whose with stuff like this in know more bout this that can talk to me better

Homer P Jordan IV
Homer P Jordan IV
answered on Apr 20, 2022

Sure, you just need to give an attorney a call. Most offer a free initial consultation to discuss what the case is about.

1 Answer | Asked in Child Custody for Georgia on
Q: I was awarded full custody of my grandson, However, I need to change the time of supervised visits.

Can I make these changes without going back to court?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Apr 16, 2022

If the other party agrees to the time change, it's fine. If not, you will have to go back to court.

1 Answer | Asked in Child Custody for Georgia on
Q: If I seen a person driving under the influence of meth with a kid in the car can I wait 1 week then report it to cps
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 7, 2022

You can report it. However, it will be within CPS's discretion to investigate the allegations or not. The amount of time you waited before reporting may cast doubt on the veracity of the allegations.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Need help with daughter, her mom won't let me see her..she done move in with a guy twice her age

I'm afraid of her safety

Homer P Jordan IV
Homer P Jordan IV
answered on Apr 6, 2022

Were you married to the child’s mother or have you legitimized the child? If not, then you have no legal rights at this point. You will need to work with an attorney to legitimize the child so that you can gain rights to see her. Then if the mother denies it she will be in contempt. Consult with... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Is there a way for me to cut contact with my child’s father? (For the better interest of my child)… I’m 18 and he’s 19

I had my baby when I was still a minor and we’re not nor ever were married. He didn’t wanna sign the birth certificate since the baby didn’t get his last name so he’s not even on his certificate. He barley sees him and doesn’t contribute towards him at all. As of now it’s just taking... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 4, 2022

Based on the limited facts provided, it appears the biological father has not legitimized his relationship with the child (i.e. the biological father has not taken the necessary legal steps to be considered the legal father). If that is the case, you would have sole legal and physical custody of... Read more »

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: Hello, Me and my child’s father just finished a final order last year and these past weeks my son has not been wanting

To go to his father house due to exclusive smoking, guns and bad language and he told us he is tired of it. He’s only five years old. In the final order it states no guns no drugs and yet he defies it all. The father has been rejecting visitation. What should I do?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 31, 2022

Assuming you and your child's father share joint legal and physical custody pursuant to the final divorce order; you would petition for a modification of child custody (most superior court clerk offices have forms) in the superior court that issued the final divorce order. Note, you will have... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.