If you received an Order dated April 17, 2025, I highly doubt a judge would entertain any modification at this time. Because if you were to file for a modification, the case is going back to the very same judge. And since it has been only days since they signed the Final Order, I can't see... View More

You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to... View More

The only way you can restrict who your children can be around is to take the other parent back to court and modify the current visitation so that it addresses who the children can and cannot be around. Because anything that is not in a court order does not apply, and neither party has to follow... View More

It is highly relevant but also very common for courts to deal with. The important part is the messaging to the Court, as the Court needs to balance Criminal Justice obligations with the best interests of the parties. Luckily this is in Civil Court, not Criminal, but you are still going to want to... View More

No one can tell you how the simple assault may or may not effect a custody proceeding. A simple assault that was not witnessed by the minor children, did not involve the minor children, etc. may not be something the court decides should impact that parents custody and/or visitation. But only the... View More

There should be language in the order that says what kind of overnight guests are not permitted. If it specifically addresses overnight guests that are not related, that you are in a romantic relationship with, but are not married too, getting married probably makes them acceptable to live with,... View More

If there is a court order that says you must notify the other parent of your intention to relocate, then a custody case may be filed, once the non-custodial parent is notified of the move. Your move will impact their travel, visitation, and possibly other factors and they could take you back to... View More

The divorce documents should have addressed the fact that the mother was pregnant. The mother should have disclosed to the court that she was pregnant, and then the divorce documents would have reflected that the mother was with child, and the husband of the mother is presumed to be the father.

You should speak to your lawyer. A judge would not have entered an agreement that was not signed by either the parties or their attorneys. But a judge can enter an order with what they have determined to be their ruling. The only way to clarify what happened in your case is to talk to your... View More

I'm not sure what you mean by legal support. When you file for divorce you can obtain a temporary order for child support, custody & visitation, until the divorce is final. You should speak with an attorney who can give you instructions on how to file, how the divorce process works, and... View More

Talk to an appellate attorney. Because it would likely be time and money wasted trying to appeal an order when you had adequate legal counsel. It is probably best to continue the case in the new jurisdiction with any valid arguments you may have.

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answered on Apr 6, 2025

Here's your problem: an appeal may not help you. Even if there was something improper about Georgia terminating jurisdiction, even if you won the appeal, the remedy would just be to have the order set aside and a new order entered. Georgia always has the power to terminate jurisdiction... View More

It will be difficult for your case to move forward without proper service. And if you can't perfect personal or substituted service on the defendant, then you could follow the process of seeing if a court will grant an order for service by publication. They may or may not depending on your... View More

I think you should speak to an attorney. It would benefit you to sit down and discuss what goals you are trying to achieve and then an attorney can determine the best way to achieve those goals. Because what you should or shouldn't file depends on what relief you are actually seeking through... View More

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