If there is a proper, legal objection to jurisdiction and/or venue then that objection needs to be made, in the proper way, on the record. If a proper objection is not made, a court could make a ruling, regardless of whether they should have heard the case there or not. It is to either party to... View More

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2025

This is too specific a question to be answered here. If you had a trial and one attorney drafted the order and presented it to the judge, your attorney may not have agreed with the order, but the judge can sign the order he or she chooses, or create their own. But if an order is signed by a judge... View More

If you were not married to the father when the child was born then you already have sole legal and physical custody. The only other time you need a court order stating that is if you are trying to get a passport and the father will not sign. For that, you will need to go through the Court for an... View More

You file for a modification of child support. Obtain all of the necessary financial records and evidence in discovery. Then prepare all of the necessary proposed worksheets and orders for trial, where you will produce all your evidence and testimony. I would suggest hiring an attorney who will... View More

You would need to file for a modification and go back to court. You would probably want to secure a temporary order to address temporary matters while you wait for a trial date. I would advise you to hire an attorney to represent you. I wouldn't advise you to handle this through DFCS... View More

No, that parent cannot do that, as there is a court order in place they must comply with. If this is the case and the children want to live with the non custodial parent, depending on their age, a Modification of Custody and Affidavit of Election can be filed. The current Order and Parenting Plan... View More

You have sole custody. You cannot prevent the father from filing a Legitimation action in court requesting for joint legal custody, but he will have to show the court that he has made attempts to be involved. As of now, you are the only legal parent even if he is listed on the birth certificate.

You have the option of filing for Contempt of the current Court Order and can also file a Modification if changes to visitation or custody are needed. In Georgia, there must be a substantial change in circumstance. I would argue that the mother and the children relocating to Alaska would be a... View More

You should speak directly with a local attorney and express your concerns in detail. There must be a material change in circumstances for the court to consider a modification of custody. And you would have to determine if the facts of your case qualify as material changes. An attorney can draft... View More

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2025

There is no rule that says someone's military status means the other person automatically gets custody. There are multiple factors that the court considers in awarding custody.

Ocga 19-9-3

(3) In determining the best interests of the child, the judge may consider any relevant... View More

All parties are required to follow the current order, until such time as a new order modifies it. So yes, no matter what the children say, the father should have whatever time the court has given him, even if it is shorter than the periods he is given. If you stop allowing visitation for any... View More

Yes, you can. In Georgia, when a child is 11-13, a judge will speak with them and take their opinion into consideration as to what's in their best interest. At 14, they can elect who to live with and a judge will grant it as long as they feel its in the child's best interest.

Any assets accumulated during the marriage are considered marital property, subject to equitable distribution, no matter whose name they are placed in at the time of acquisition. But I think you need an attorney who can obtain a temporary order addressing the issues of child support, spousal... View More

Under Georgia law, both you and your husband have equal rights to your children. In most cases, one parent is given primary custody and the other is given visitation time. In some cases, time is split between the two parents but judges are not as likely to award this unless parents can get along... View More

Kedra M. Gotel Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2025

The ex parte hearing is an emergency style hearing and so is the ex parte order. Once the parties are scheduled for a full hearing on the merits of the case, make sure to bring all evidence to support your case along with evidence opposing the false information your ex provided at the ex parte... View More

I am not sure by what authority the grandmother has custody, but if it is through a court order, you would have to take her back to court to get your child back. And if you decide to do so, I would hire an attorney to represent me. Because I assume there were reasons why the grandmother was given... View More

You have to prove a material change in circumstances for the court to consider a modification of custody. If the primary custodial parent has consistently been exercising less parenting time than the order of the court provides, a judge may consider modifying your current custody & visitation.... View More

The best thing would have been if you had filed for a modification during this time period where you had the children living with you, so that child support wasn't adding up while you had the children full time. By taking the children and not modifying the custody or child support, it would... View More

First of all if you don't have an order giving you custody then a form for an emergency hearing is probably not what you need. If you were not married to the mother and haven't legitimized, then that's what you actually need to do. But speak with an attorney directly so you can... View More

There are no reasons a child should be physically abused and if DFCS is failing (typical) then your next stop is Law Enforcement. You will also benefit from a lawyer to ensure your child's complaints are being heard. Even if that means asking a judge to assign a Guardian Ad Litem for her.... View More