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Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How do I apply for emergency temporary custody for my grandchildren?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

If DFCS is involved then you would have to go through the case that's already open. If there is not an open deprivation case, you will need to file in court. You will have to file the proper action and have the parents served.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Q: Does FL have to follow GA child laws

I gave birth to my son in FL and his "father" did not sign his birth certificate. After a year in FL my son and i moved back to GA and stayed for 14 months making him and i GA residents. On May 21st i was trying to return to GA and his "father" wouldn't give me my child and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

The father is kidnapping, plain and simple. Even if he had signed the child's birth certificate, that gave him zero rights to that child. If the father has not legitimized, he has no rights, no custody, and no visitation. He should return that child or he is committing a crime. I'm... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have physical proof child is being coached by mom. What should I do?

Child has suffered from mental health diagnoses. Mom has tried for years to coach and push hatred into the child regarding the dad. There are text messages to prove the child is being coached and lied to by mom.

Mom sent dad messages from daughter, which led dad to check and verify... View More

Narissa Juitt-Jackson
Narissa Juitt-Jackson
answered on Jun 4, 2024

You should look at asking the court for a Guardian ad Litem. You can use the text messages as evidence as to why one is needed. A Guardian ad Litem is an unbiased neutral third party appointed by a judge to investigate the best interests of a child.

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: I have a child custody case pending in Georgia, can I move to another county within GA right now?

I have a child custody case that has been filed in my home town by my child's father. My child's father lives out of state over 300 miles away. I have not been getting any help financially with our son during the custody proceedings. So I would like to move to another county where there... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You should be very careful about moving while you have a custody case pending. If you are not receiving any financial assistance from the father, you should have obtained a temporary order for support while this case was going on. And if you don't know how to go about obtaining that, I would... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: What can I do if my child’s father cut off all communication with me for 8 months but filed for legitimation
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You should hire an attorney who can file an Answer to the legitimation action and represent you in court. Because the father may be asking for primary physical custody, and if there is a final order giving him that, you will not be able to change that absent a material change in circumstances down... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Who has jurisdiction/venue over Georgia legitimation case if the mother/child no longer lives in the county filed?

We moved in September and documents were filed in December. The address is outside of the county where documents were filed.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You don't become a resident of most places in 2 months. You have to look at the residency requirements for the state and county in which you live. And if documents were filed, I would suggest you look into hiring an attorney to represent you.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Do out of state custody orders have to be domesticated in order to be enforceable? what's the timeline req. to do so?

What happens if the out of state order wasnt domesticated? How long is the custody order valid for without domestication? Are there statue of limitations regarding this? My child's father hasn't allowed me to see our son since January of this year. Our son just turned 2 on May 12th.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

If you have an order that is not being followed you should speak with an attorney and provide them with more information, so they can advise you on the next steps. Because what you do next depends on where the order originated, where the parties reside now, what allegations of contempt are being... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Document state my ex husband is to have our girls every other week this summer he has informed me he can only do weekend

And will not help with childcare for those weeks he also explained I must get on a co parent app to contact him due to his gf not wanting us to have communication with out her knowing what all was said and if I don’t get the app I will not be able to contact him cause he is changing his number... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

When a non-custodial parent is awarded visitation through a court order, there is no penalty if they decide not to exercise it. There is nothing you can do to force him to take the children if he does not want too. You also can't force him to pay for childcare unless an order already says he... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Q: Hello im currently trying to figure out how to get my boyfriends name on our sons birth certificate.We’re not married.

My sons bio father does nothing for him,doesn’t see him anymore he also stays in another state and i doubt he’s willing to give up his parental rights even though i can prove he isn’t fit to be a parent.My boyfriend has been caring for my son and doing for him since he was 1 month old.We do... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You aren't able to simply put your boyfriends name on your child's birth certificate because he helps to support your child. If your boyfriend was able to ever adopt your son, after marriage, then he would have legal rights. But no, you can't simply remove the biological father and... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: What should I do to get my grandson back quickly, who is in foster care?

My grandson, my son's legitimate son, has been in Foster care for 14 months. After searching for him for more than a year and a half, we have been aware of this situation for 1 month now. Neither my son nor we knew anything since my daughter-in-law blocked us and kept moving. Now when I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

If your son has not established paternity, then the Court has not established you as the child's grandmother. If your son is unable to legitimize the child and petition the Court for custody, as the grandparent, if you want to seek custody yourself, you should hire an attorney. It will be a... View More

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Joshua Schiffer
Joshua Schiffer
answered on Mar 26, 2024

The first step is to go to a local family lawyer you have good chemistry with, as this process is going to be intimate.

There are lots of good reasons to terminate parental rights, and you need to explore all of those with a trusted professional as well as the downsides to that move. The...
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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2024

Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a judge give sole custody with only 3 hrs of dfcs center supervised visits once a weekend ordering no contact outsid

Only for having marijuana in your system

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 21, 2024

Judges can render orders that they feel are in the best interests of the child, and they have a lot of discretion in what they can make an order of the court. So a question that asks if a judge can do something, yes they can, and they probably did. And if you feel like you have been been able to... View More

2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Georgia on
Q: so I was not properly served as per the proper order of service demands by law.The acting judge didn't acknowledge that

and has been extremely biased in this whole process, as well as after the initial hearing, which that hearing and any proceedings should have been dismissed as the law on the principle certificate of service was purged by dftcs and the acting court actors. We never received by hand delivery, nor... View More

James L. Arrasmith
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answered on Mar 9, 2024

It sounds like you have serious concerns about how your legal case has been handled so far. Based on the issues you described, here are a few thoughts on potential next steps:

1. File a motion to dismiss: If you believe the court lacks jurisdiction over your case due to improper service of...
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2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

James L. Arrasmith
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answered on Mar 8, 2024

If you are concerned about your daughter's safety and well-being due to the mother's involvement in drug-related activities and untreated mental health issues, you might have grounds to seek full custody. Courts generally prioritize the child's best interests when making custody... View More

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2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

You will need to file for sole legal and physical custody in court and to assert your rights as the legal father and not just the biological father. The mother will need to be properly served so that she has notice and opportunity to be heard and the case can move forward.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My sons father got temp custody about 4/5mths ago. I am wanting to file the petition to reverse his temp custody.

Can I file on my own or do I need a lawyer? He has a lawyer.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 2, 2024

If the opposing party has an attorney and you have already lost custody, even on a temporary basis, I would highly suggest you hire an attorney to represent you. Due to the fact that the court has already granted a change of custody, you run the risk of losing custody on a permanent basis if you... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My sons father got temp custody about 4/5mths ago. I am wanting to file the petition to reverse his temp custody.

Can I file on my own or do I need a lawyer? He has a lawyer.

Kedra M. Gotel
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answered on Feb 27, 2024

I would encourage you to seek legal counsel to discuss your options. A temporary order can be appealed but the order will be reversed under limited circumstances. If it is your desire to have the order reversed only because you no longer like the terms, your reasoning will not withstand legal... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I was supposed to get my daughter for designated visitation, but her mother won't tell me where she is. What can I do?
Kedra M. Gotel
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answered on Feb 27, 2024

You should file an Application for Citation of Contempt. You must prove that your ex's violation of the court order was intentional. If you are successful in proving her actions were intentional, you are entitled to an award of attorney's fees and expenses of litigation. Depending on the... View More

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I was supposed to get my daughter for designated visitation, but her mother won't tell me where she is. What can I do?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 2, 2024

If you have a court order giving you visitation then the mother is in contempt for not producing the child. If there is no court order and this was visitation verbally agreed too by the parties, she does not have to produce the child. And if that is the case, the only way to get a court order... View More

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