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Georgia Child Custody Questions & Answers
2 Answers | Asked in Child Custody for Georgia on
Q: Can a judge give custody of my kids to the paternal grandmother without my knowledge of the proceedings/or signature?

I was in prison at the time of this filing and I never signed anything nor was I served a copy of anything other than the initial motion?

Regina Irene Edwards
Regina Irene Edwards answered on Apr 9, 2021

If an answer was not filed to the the original petition, you waived your right to further notifications of hearings. Consult with an attorney about your options.

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2 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Can a family member represent me as my lawyer in child support court in the state of Georgia?

My sons father has his sister in law as his lawyer and they are both falsifying information to the court. Isn’t this a conflict of resolution?

Regina Irene Edwards
Regina Irene Edwards answered on Apr 8, 2021

An attorney is allowed to represent a family member if they wish. No one is allowed to falsify information.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What do I need to do to end temporary guardianship and get my child back?
Homer P Jordan IV
Homer P Jordan IV answered on Apr 5, 2021

You can take the step to terminate the temporary guardianship. An attorney can help you with this process.

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: If I'm ready to have my child back but the guardian doesn't agree, what will happen?
Michael D. Birchmore
Michael D. Birchmore answered on Apr 5, 2021

You have asked about this issue many times in different ways. Honestly? The best thing you can do to help yourself is to meet with a family law attorney. In that meeting, the attorney can ask you questions which will present your overall situation and allow the attorney to present an overall... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If the grandparents have temporary guardianship of my child, can they keep me from seeing/spending time with my child?
V. Joy Edwards
V. Joy Edwards answered on Apr 3, 2021

They may be able to if the guardianship paperwork does not make provisions for you to spend time with the child. Oftentimes, the guardianship gives the guardian full control over the child. It’s likely that you will have to file with the court to amend the guardianship to grant you parenting... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: Can I file an additional complaint to an existing case if the dependent has already answered ?

I just realized the defendant is breaking the order...in many ways

Michael D. Birchmore
Michael D. Birchmore answered on Apr 1, 2021

It is difficult to provide a dependable response given that we have very few facts of the case in your question. Sitting down and speaking with a custody attorney will always be your best course of action.

That said, if I have read your question as you intended it, you would not...
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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How likely is it that my bestfriend could get custody of his daughter, if need be?

My bestfriend left his child's mother 3 months ago, and she's threatening him saying that if he doesn't act right in this next month, her and their daughter won't be a part of his life. He has a stable job as a store manager, spends time with his daughter, isn't abusive or... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 29, 2021

Wow. That sounds like a tough position for your friend. If he is taking an active role in his child’s life, it is likely that the court will consider giving him parenting time reflective of his involvement.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: In the state of Georgia can my ex withhold visitation from me if I'm in violation of a clause in the parenting plan?

There is a temporary order with each of us having 50/. Custody with one week on one week off. He is not allowing me to see my son because I recently lost my home and I'm having to stay in a hotel. This is a 3 star extended stay hotel and very safe. The parenting plan states that he cannot be... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 29, 2021

It would be wise to have an attorney review the facts of the case in detail and present you with the options. If he is violating the parenting plan than he may be in contempt. If your parenting plan states no hotels except for vacation then you may be violating it. You should have an attorney... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can my ex withhold temporary court ordered child visitation if I am in violation of one clause in the parenting plan?

We currently have 50/50 custody until we had to go for the final hearing. He has final say if an agreement can't be met.

V. Joy Edwards
V. Joy Edwards answered on Mar 28, 2021

The short answer is only the Judge can change the terms of the parenting plan. However, if there are concerns with the children being in an unsafe situation, the Court may excuse the other party’s failure to follow the parenting plan. It’s difficult to say without knowing the complete... Read more »

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2 Answers | Asked in Child Custody for Georgia on
Q: decree my exes boyfriend is not allowed contact with our children, but after the divorce they get married is it ok now?

in our divorce decree my exes boyfriend is not allowed contact with our children, but after the divorce they get married does that make it o.k. for him to be around our kids? In context the decree only allows for visitation at my ex- mother-in-laws house, to avoid there being contact, he is a... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 26, 2021

If the decree specifically names the individual and limits contact with the minor children, the marriage will not change that.

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1 Answer | Asked in Child Custody for Georgia on
Q: The father of my child and i have joint legal custody what are my rights in vias her secondary physical custodial.
Ellaretha Coleman
Ellaretha Coleman answered on Mar 26, 2021

Your parenting plan will determine your rights regarding physical custody.

2 Answers | Asked in Child Custody for Georgia on
Q: My ex handed me court papers at the bus stop and said I was served and walked. Is this a legal way to serve me papers?

It’s a child custody case and I have less than 10 days to find a lawyer. What can I do?

Regina Irene Edwards
Regina Irene Edwards answered on Mar 25, 2021

It doesn't sound like you were properly served, but you still need to meet with an experienced family law attorney immediately to get advice about the case.

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1 Answer | Asked in Child Custody and International Law for Georgia on
Q: Is a primary custodian able to keep a child in the US when the non-custodial parent moves out of the country?

There is a parenting plan in place that says the child cannot internationally travel without both parent's permission. The non-custodial parent recently gave up joint custody to move out of the country and wants the child to be able to travel to Europe. The custodial parent is aware of the... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 23, 2021

If your paperwork says both parents have to agree and one parent does not, then the child should not travel outside of the country

3 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Is there a law in GA if either divorced parent spends the night with their current partner it automatic custody lost?

If either divorced parent spends the night with their new partner. No cohabitation is happening. Each parent has their own address separate from their current partner. Ware county, pierce county, Brantley county.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 19, 2021

No, that is not the law.

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3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I am Pro Se and would like a continuance to withdrawal from the final hearing via zoom. I want an in-person hearing.

How do I make this request being Pro Se?

Regina Irene Edwards
Regina Irene Edwards answered on Mar 17, 2021

This may not be possible. Zoom hearings are standard because of the pandemic. Judges are required to hold via zoom absent an emergency.

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1 Answer | Asked in Child Custody for Georgia on
Q: Aside from naming guardians in my will, what can I do so my daughters father will not get custody of her if I pass?

My daughter was born in DC. Her father is not on the bc, but there is an order for child support. There are no custody/visitation agreements in place. She has not been legitimized. I am afraid if I die, my daughters will be separated and my oldest will go to the couple named as guardians in my will... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 16, 2021

Until the biological father (assuming you never married him) never legitimates her, he still has absolutely NO rights whatsoever to her. Under your set of facts, it would be similar to stating that "...he doesn't even have a ticket to get into the theater, let alone watch the... Read more »

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: In Douglas county can you file a Modification of custody and contempt at the same time?

The Final order was 01/2020. The parent with primary physical custody has refused to follow the Parenting Plan and has not allowed the minor child to visit the non custodial parent.

Regina Irene Edwards
Regina Irene Edwards answered on Mar 15, 2021

Yes, both can be filed at the same time.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I'm in GA, there is a court ordered visitation schedule where I am doused to see my children every other Friday through

Monday, and every weds after school until the following morning. My ex spouse has kept the children from me since 8Aug2019. She even went as far as changing both her phone # and that of the kids. The last time I followed the order, and went to pick the kids up, I was arrested for criminal trespass.... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2021

You need to file a contempt of the current order as soon as possible. The court can even award make up time for the visitation that you have missed.

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3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: I want to know how I can get a protective order against my husband in the future if i want to leave him?

He has had a previous DV arrest in the past. If i tell him i am leaving the home with my child before i file a divorce - what can i do to make sure he does not retaliate - if he is verbally abusive not physically. I have proof of his past arrest though his record was expunged. Also proof he made a... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 15, 2021

Wow! There is quite a bit going on. You may be able to get a protective order if you believe he is a threat to you but the court usually looks for recent acts, in addition to past acts of violence. So it would depend on how far out the last instances of abuse were. The protective order would have... Read more »

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2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Federal Crimes for Georgia on
Q: If it was discovered that a 17 year old had been living alone for the past 12 years what would normally happen?
Michael D. Birchmore
Michael D. Birchmore answered on Mar 12, 2021

Unfortunately, you have not provided near enough information or context for us to provide a specific response. Generally, a child is a child until the age of 18. Until the child reached the age of eighteen OR is otherwise emancipated, he or she should be living with the parents or another person... Read more »

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