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Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Georgia on
Q: If i have full custody do i have to send our child with my ex for visitation if i think he is not of sound mind mentally

He has visitation rights every other weekend. He struggles with mental health and addiction problems and i feel as if sometimes he is not mentally where he needs to be to watch our daughter. Legally what are my rights as far as having to send her there if he is not acting sane ?

Regina Irene Edwards
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Regina Irene Edwards
answered on Dec 1, 2022

You can file a modification with the Court and the Court can decide if your ex is mentally fit

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: what is the legal definition of every other weekend

I have custody of my child. her mother gets her every other weekend. my sister gets visitation the 2nd weekend of the month. my child's mother says when the second weekend of the month falls on the mother's weekend it doesn't count as her weekend but when the 2nd weekend of the month... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 30, 2022

Every other weekend is exactly what it sounds like. Numbered weekends are different. In order for an attorney to correctly interpret what your parenting plan says, you should set up a consultation so they can review the plan and give you advice based on what it says.

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Georgia on
Q: How do I respond to a filed motion from my lawyer (to withdraw) which has incorrect information?

The motion to withdraw and the certificate of notice, already e-filed with the court, incorrectly refers to me as the plaintiff a couple of times. Says that she has sent the notice to the defendant's lawyer (WHICH IS HERSELF) Because I AM the defendant. List my ex husband as the plaintiff,... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 20, 2022

You can and should reply with correct information. If the motion to withdraw is granted, the information on the notice to withdraw will be used to send you future notifications in the case, so you need to make sure that that is correct. Your attorney should not yell and curse at you. That is... Read more »

1 Answer | Asked in Child Custody and Divorce for Georgia on
Q: Can a defendant in a divorce case request a rule nisi to settle temporary custody issues
Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 10, 2022

Yes, a temporary hearing can always be requested.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I have a son and the mother is married. Her and her husband refuse to put my name on birth certificate. They live in OK.

I live here in Georgia. The child was born in Oklahoma. A walmart DNA test showed I was the father. My son was 2 months old when it was done. The paperwork was started and they refuse to finish it.

My son is 7 months old. The mother and my son lived with me in Georgia for 2.5 months and... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 5, 2022

You need to contact an attorney in Oklahoma as soon as possible. In most states, a child that is born during the marriage is legally the husband's child, so you probably do not have any rights.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Is there a time frame for the complainant to move forward once an answer is sent from the defendant?

Child custody - Complainant claiming defendant is in contempt of court. Complainant has not seen child in 6 years nor attempted to.

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 4, 2022

There isn't a set time frame. You can always request a hearing date from the judge to get the case resolved.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I have custody back of my 14 and 16 yr olds and signed affidavits of election. How do I get support if mom won't pay?

We have mediation and court scheduled. I don't understand why I have to pay for my attorney and mediation when all that needs to be done is calculate CS. Ex is high conflict and not working but they have copies of her pay stubs and what she was making before she purposely was terminated. Do... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Oct 18, 2022

She is not obligated to agree to what you want. No one can make anyone sign anything. I'm sure your attorney has a worksheet prepared and will do their best to get her to sign. But we all have free will. If she doesn't want to sign, then you have to go to court in order to get the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: I pay 250 biweekly for child support, it’s not count order do I still do it Even though she don’t let me see my kids?
Regina Irene Edwards
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Regina Irene Edwards
answered on Oct 9, 2022

Yes, you need to keep paying it. Child support and parenting time are not connected. If you need help with parenting time, contact an attorney.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: What do I do in the divorce process if one of the children is not the husband's biological child?

There are 3 children born during my marriage. 2 of them are my husband's biological children and 1 was born after we split. It is not my husband's biological child and he has never supported or raised this child in any way. What do I do regarding that child in the divorce process?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 6, 2022

You need to speak to an attorney about this. It is possible to note the husband has no responsibility for the other child, but it must be done correctly. Legally, all children born during the marriage are legally the husband's.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: If I'm required to provide insurance to children after divorce, what if my ex adds them to her policy?

My settlement agreement states that I shall continue to provide health insurance for minor children at a cost of $300 per month until they no longer qualify as dependents per the terms of the medical policy. My ex has announced that she will be adding them to her policy next year. Due to... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Oct 6, 2022

You will need a new updated court order.

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Is child support still warranted if there is joint physical custody with a 60/40 split? If so, who pays?

My ex husband and I have had joint custody of my daughter since we divorced 7 years ago. However, I have had primary custody of her legally. My daughter has expressed interest in living with her dad during the week, which is fine, as long as I still have my time with her. I have always had her... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

Child support will be recalculated based on income and other factors. I can't say whether you will or will not owe child support.

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: both parties agree on change to custody and financial agreement of children. what needs to happen to be legally binding.

is there a form that cam just be filled out and signed by judge?

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 24, 2022

There isn't one form. There are 6 different documents that need to be filed in order For this to be done correctly. You definitely want to hire an attorney to handle this, because if it is not done correctly, it could be more costly later o

1 Answer | Asked in Child Custody for Georgia on
Q: Should I still follows custody agreement if other parent not allowing me to know where my son will be staying?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 24, 2022

You have to follow the court order. If the other party isn't, you can file for contempt.

1 Answer | Asked in Child Custody for Georgia on
Q: Do I have to answer to interrogatories without a lawyer ?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 23, 2022

Yes, you do.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: What can I do about my husband legally being named the father on the birth certificate and a child's last name changed?

My daughter's biological father who has never been in her life passed away. She's never met him been around him for been involved with him ever. My husband has taking care of her since before she was even born. I would like for the biological's name to be removed and my... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 15, 2022

Your husband can apply to adopt your child.

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Can and opposing attorney bring up reasons not listed in a petition for custody hearing?

If a petitioner says their reasoning is for a specific thing, can they bring up other evidence not listed in their petition during a hearing.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 12, 2022

Yes, they can bring up anything that is related to the best interest of the child.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Am I allowed to have my son miss a supervised visit with dad for family vacations?

I currently have joint legal custody with my baby's father, and sole physical custody of my son. I am going on vacation to see my family which we do once a year so that we can all be together. My son's supervised visits are always supervised on public by someone that both parents chose,... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 2, 2022

You will need to follow the terms of the court order.

As an alternative, you may propose another day as a makeup, or agree to make the visit on the trip virtual and a makeup visitation. Any agreement should be in writing.

Otherwise, your visitation schedule may need to be revised.

1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: Can alimony be contested after final divorce if ex has made no attempt to get a job... refused some items in decree.

Divorce final for a year, alimony was set at 4 years (negotiated) + higher child support. I have 50-50 with daughter (10) and primary on son (15). She refuses to obtain life insurance as in decree and is completely living out of her means with no attempt to better herself or get a job.... Read more »

Tiffany R. Lunn-White
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Tiffany R. Lunn-White PRO label
answered on Aug 27, 2022

Whether alimony can be modified is evaluated by how your Final Judgment and Decree of Divorce is written. You must have an experienced attorney review it and advise you accordingly.

Additionally, if your ex-wife is not following the Decree, you have the right to pursue action against her...
Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Father has just as much right to son, but.mother is hiding him from her. The law will not get involved it has been 3 bef

Friend if.mine.shares custody with child . Mother refuses.to retun child and wi not tell him where his son is

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

If there is a valid, final or temporary custody order, or the equivalent of a valid, final or temporary custody order included within a divorce decree, and said order gives the father joint custodial rights or visitation rights, then the father should file a motion for contempt to enforce the order.

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Can a father take a mother to court for visitation rights. When the father is backup on child support,

The father don’t volunteer to do nothing for child skips months without paying child support. Backup on child support. Had baby out of wedlock. Never been married, and father mad cause I said child couldn’t go on a family vacation so he want to take me to court, but haven’t did anything.

Naja Burroughs
PREMIUM
Naja Burroughs
answered on Aug 17, 2022

Although it's frustrating to not receive regular, dependable financial support for your child, the courts do not condition visitation upon payment of child support. This means that a parent can regularly fail to help support his/her child, yet still be entitled to spend time with that child.... Read more »

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