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Georgia Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My ex and I agree that our daughter can move out of the country to live with me, do we still need to file a move away?

Could an attorney be hired for limited scope representation for such a matter?

Homer P Jordan IV
Homer P Jordan IV answered on Sep 25, 2020

Yes, you should ensure the proper paperwork is done so that there are no issues later. You can hire an attorney for limited scope issues. -Homer P. Jordan IV, Esq. 404-620-1558

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My ex and I agree that our daughter can move out of the country to live with me, do we still need to file a move away?
V. Joy Edwards
V. Joy Edwards answered on Sep 24, 2020

Yes. It is advisable that you get an attorney to make sure the proper paperwork is prepared.

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3 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My Wife is wanting to get full custody of her son from her Ex-husband. We can't afford a lawyer. Can it still be done?

Ex-husband has primary custody in a joint custody arrangement. He and the son live in Louisiana. She was to have sole custody before it was finalized. She let her son (5 or 6 at the time) spend a few months with Ex. He changed the papers and refused to bring son back because he didn't want to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 21, 2020

Winning a custody case like this is extremely difficult without an attorney. She needs to find one.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Mother is non US citizen. Baby is born out of wedlock. Can the father gain full custody without problems?
Regina Irene Edwards
Regina Irene Edwards answered on Sep 21, 2020

Mom not being a citizen may not be relevant. If you're asking if it's guaranteed Father will win custody because the mother isn't a citizen, the answer is no.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I live in GA and need to have my daughters last name changed back to mine. Never married the dad/ he’s not legitimized

Do I still need his permission to do this? He’s violent and very aggressive, however, he has been absent for a while so I’m not 100% sure how he would react I just don’t want to chance a bad reaction or putting myself/ child in harms way

Regina Irene Edwards
Regina Irene Edwards answered on Sep 21, 2020

You can apply for a name change. If he has not legitimated, he does not have any rights at this point.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: The defendant in my case has been granted a continuance to an unknown date next year, how can I get a faster court date?

This is for Family Court. I filed a motion for contempt due to the defendant blocking all contact and communication from our children. They have since obtained a lawyer and has been granted a continuance. Is there a way to get the continuance dismissed or a faster court date, being as it involves... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 18, 2020

The continuance was already granted so it can't be undone. You need to speak to an attorney who can assist you with obtaining a prompt hearing.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

3 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Can i filled for divorce with a open Paternity/Legitimation case open?
Ellaretha Coleman
Ellaretha Coleman answered on Sep 18, 2020

Having a separate paternity/legitimation case open will not prohibit you from filing for divorce.

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2 Answers | Asked in Child Custody for Georgia on
Q: Hi, in 2016 I was arrested and sentenced to prison. While incarcerated the father decides to fight and won custody of

our child. I got out April of this year and he's now wanting to return custody. How do I go about doing this?

V. Joy Edwards
V. Joy Edwards answered on Sep 18, 2020

A modification of custody would need to be filed. If he's agreeing, we would be able to do it by consent. To ensure it is done correctly, you should hire an attorney to properly prepare the paperwork. Feel free to call us at 770-723-7211 to assist you.

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1 Answer | Asked in Child Custody for Georgia on
Q: Can I live with my mom at 17 without my guardians consent if I try and get a custody change?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 16, 2020

You cannot leave your legal guardian’s home without their permission or a court order. It is uncertain what the details are surrounding the custody arrangement, however if is court ordered you will need to have a modification to change it.

It is best to contact an attorney who can assist...
Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My ex petitioned for mod'n of custody, cs and visitation. I can't afford an attorney. How do I respond?

My ex petitioned for modification of custody, cs and visitation. I can't afford an attorney. How do I respond?

He has an attorney and wherewithal to pursue. Cs has rarely been paid in 6 years. I can't afford an attorney and don't know how to proceed without representation.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 15, 2020

You can't ask the judge's office for advice. You have to file a response in order to avoid a default.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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2 Answers | Asked in Child Custody for Georgia on
Q: Can I legally move out at 17 in Georgia? My Guardians won’t let me leave but I want to live with my mom.

One of my guardians lies a lot and is very manipulative of people. They have always been verbally, emotionally, and mentally abusive towards me. I’ve been told I can by a few people I know because they’ve done it before but I want to make sure it’s still legal.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 15, 2020

You cannot leave your legal guardian’s residence without their permission. Once you turn 18, you will not need permission.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Georgia on
Q: I am 17 years old and in foster care if I run away from my foster home will there be legal action taken against me?

I'll be 18 next year I have a job and I'm in school

Homer P Jordan IV
Homer P Jordan IV answered on Sep 14, 2020

Until you are 18 you won’t be able to choose where you live. You will be reported as a runaway and will likely be taken back to foster care if/when you are caught. If you have a job and are able to care for yourself you may want to look into becoming emancipated. -Homer P. Jordan IV, Esq.... Read more »

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My "alleged child" and her mother are in PR and she is refusing me a DNA test and rights to my child. HELP?

My ex-girlfriend and I are no longer together due to her aggressive behavior. 3 months before our "child" was born she fled back to Puerto Rico to give birth after she was arrested for domestic violence and fraud charges. She is now refusing to give me a DNA test or let me see the child... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 14, 2020

Hire an attorney in Puerto Rico who can help you.

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2 Answers | Asked in Contracts, Family Law and Child Custody for Georgia on
Q: How can you get the parent off of the birth certificate if its been 5 years abandonment ?

legally the father had is name changed around the time my son was born but he never changed it on his license so he signed the birth certificate using his old name. Can the birth certificate be voided because thats a legal document that he purposely lied on. I don't want to go to court but I... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 11, 2020

You can't take a father off the birth certificate. You can apply to the court for a name change for your son.

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3 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: Defendant burnt home down at 4 am while children and I were sleeping how can he take me to court for full custody on

Grounds that I did not give notice of move when I immediately had a restraining order against him. He has been indicated on charges.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 10, 2020

Your circumstances are unfortunate. The defendant can file a petition with the court, however it does not mean the court cannot/will not dismiss it. Given the facts, it is best to present to the court the details you’ve outlined here. Contacting an attorney may prove extremely helpful for you.... Read more »

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: If I'm in a criminal case with Defendant why is it allowed that he can bring a civil case against me. He burnt down my

Hey burnt down my house with his children in the home and took me to court for full custody of children how is this Even allowed

Ellaretha Coleman
Ellaretha Coleman answered on Sep 9, 2020

I am really sorry that you are going through this. Unfortunately, without reviewing the allegations of the lawsuit brought against you, we can not opine on the legitimacy of his claims.

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1 Answer | Asked in Child Custody for Georgia on
Q: How can mutual child custody be done for parents living international i.e one parent in the US and other in Canada

Child living with dad in the US and ex living in Canada. We both have laid out the terms but just need to complete officially without trial or spending the money except court fees.

Regina Irene Edwards
Regina Irene Edwards answered on Sep 9, 2020

Your situation is so specific, you're not going to find a form online that will work for you. If the case is uncontested, hire an attorney who can ensure it's done correctly. Trying to do an international parenting plan on your own is a little like getting on YouTube and searching for... Read more »

1 Answer | Asked in Child Custody for Georgia on
Q: Will a large settlement from a previous employer last year be calculated in child support?

Ex is filing for modification. She also received a large monetary settlement within the past 12 months because she claims she was unjustly fired. The amount was undisclosed to the public, Will the judge consider this amount?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 8, 2020

It's possible it will be included, as the settlement was likely meant to replace income.

1 Answer | Asked in Child Custody and Civil Rights for Georgia on
Q: I read that once you turn 14 in Georgia you can decide what parent you want to live with is this true?

My birthday is in January and i want to live with my father what information will be needed and what tasks will need to be completeed he also lives in Georgia

Regina Irene Edwards
Regina Irene Edwards answered on Sep 8, 2020

Your father needs to contact an attorney to get advice about filing a custody cases. Some 14 year old elections are granted, some are not.

2 Answers | Asked in Child Custody, Civil Rights and Juvenile Law for Georgia on
Q: I am 13 and i dont want to live with my mother and her boyfriend

I want to live with my dad because my mom's boyfriend verbally abuses me and i have witnesses and he does it front of our home camera whatv happens if i run away to my dad's house.He also brags about beating me to his friends on the game and calls me dumb a** ,stupid and sometimes retarded

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 8, 2020

Your circumstances are unfortunate. Your father should file for modification in child custody. It is best that he contacts an attorney who can assist him with the case.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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