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Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: How can you get joint custody of your child when you dont have the money for court and all things to get joint custody

Boyfriend pays child support on a kid where it was court order without him knowing and does not have any say so or rights to the child and wants more visitation time with the child. The child has neither parents last name.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 21, 2020

It is best to contact an attorney. Contact Atlanta Legal Aid or Georgia Legal Services to determine if you qualify for their services. They offer legal representation at no cost to individuals with low or no income.

If you do not qualify for their services, feel free to contact us. We will...
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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What can we do with a child we're guardians of that the state won't take or give to the parents

About two years ago my wife became the legal guardian of her sister's son. After a while he became a handful and too much for us to handle. My wife and her sister have filled out the necessary paperwork to return guardianship but haven't heard anything these past three months. Is there anything we... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Feb 21, 2020

You can relinquish/terminate your guardianship. If you have already filed the necessary paperwork with the court, you can set the matter for a hearing to move the process along. I do recommend contacting an attorney to assist you with this to ensure that the child is returned to his mother and... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: So my brother is 17 but he is involved with a court case saying his grandmother is his legal guardian can he move out

He is being verbal abused and possibly physically abused. I am stable and can support him

Ellaretha Coleman
Ellaretha Coleman answered on Feb 17, 2020

He will need the consent of his guardian to move at anytime prior to his 18th birthday.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Where am I suppose to file contempt of court in this scenario?

Custodial parent moved to another state, our custody agreement (for after the move) was filed in my (non custodial) state. She has willfully withheld my child on several occasions and I want to file a contempt petition. Do I file in my state where the order was made/filed or in the state she... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Feb 17, 2020

You file the contempt action in the court where the order was issued.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Georgia on
Q: I just found out my children's grandmother filed a petition for dependency against me what is a petition for dependency?

What is a petition for dependency and what should I do ? My children do infact live with her because she begged me to allow them to , but her son is only the father of my oldest child yet he signed off on a birth certificate for my youngest child who isn't his , he also lives with his parents and... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Feb 16, 2020

You need to hire an attorney. A petition for dependency typically alleges that the children have been abandoned or neglected and are without a proper guardian. It can significantly affect your parental rights.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How long after child's birth does a man have to claim he is the father when his not on birth certificate

Do I have to submit to my son having a court ordered DNA when my son is almost 3

Ellaretha Coleman
Ellaretha Coleman answered on Feb 14, 2020

Whether you will be required to submit to a DNA test will depend on the judge. Some judges will not grant a legitimation without DNA testing, but most will if there is no issue of paternity. That is where neither party is contesting that you are the biological farther. In order to establish your... Read more »

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2 Answers | Asked in Child Custody for Georgia on
Q: Need help getting custody of my son,my son has been through alto with his mother. Dfcs is not allowing me to get any

Help or assistant from them. I need some help as far as going through the court system

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 13, 2020

It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

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

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2 Answers | Asked in Child Custody for Georgia on
Q: My boyfriends ex gave custody of their child to her mother. How does he go about getting custody?

The mother signed her rights away to her her mother with out giving the father a choice if he wanted her or not. How does he go about getting custody of his child? She is not legitimized but there is a state given dna test done proving she is his.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 13, 2020

It is best to contact an attorney as soon as possible who can assist you with the specifics of the case. He will have to legitimize, because in the state of Georgia dna testing is not enough.

We are glad to assist you. Contact us whenever you are ready.

I wish you well....
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3 Answers | Asked in Divorce and Child Custody for Georgia on
Q: Can a father get primary joint custody if he was not primary on medical insurance and works out of town?
Ellaretha Coleman
Ellaretha Coleman answered on Feb 9, 2020

That will depend on the totality of the circumstances. The court will consider several factors in determining the best interest of the child to assign a primary physical custodian. Contested custody cases are complex matters. You should speak with a family law firm to discuss the specific facts... Read more »

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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: Can a child custody case be modified and be signed by the judge after it has been removed from the judge's calenders?

I have an email from May 2019 from the plaintiff's attorney asking the clerk to remove the case from the judges court calendar and the courts asked me to agree and I replied that I did agree to remove the case. In December without going to mediation for both parties, the plaintiff attorney sent a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Feb 5, 2020

An email isn't going to close a case. There needs to be a final order or a dismissal in order for a case to be closed.

1 Answer | Asked in Child Custody for Georgia on
Q: I am 17 I live with my mother who is the primary parent and i want to live with my dad who has(joint custody)

If i leave and go to his house without her consent will i get in trouble legally? We have a court order. And my moms attorney told me i didnt have to go over there if i didnt want to does that mean i dont have to stay with my mom if i dont want to?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 5, 2020

You have options. It is best to contact an attorney who can represent you before the court.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

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

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Is it legal to completely take a mothers rights while incarcerated bc court and jail did not transport mother to hearing

I was served papers in Wayne County jail for court and was told by wcj that glynn county would be in charge of transportation to court and back and was never picked up for court and was never shown any documents from said hearing. Was told by the father I lost all rights including phone privileges.

Ellaretha Coleman
Ellaretha Coleman answered on Feb 3, 2020

Without knowing all of the circumstances of your case, we are unable to give you an accurate answer. This is a situation that you should consult with an attorney on to determine your best options for restoring your custodial rights.

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2 Answers | Asked in Civil Rights, Family Law, Adoption and Child Custody for Georgia on
Q: What can I do about my son being taken from babysitter s house while I was at work and someone giving him away

My name was forged in paperwork signing my rights away of my child to a complete stranger hours away. He has since been adopted and idk what to do or how I can get my baby back. This has been going on for 2 years almost and I reached out to several law enforcement agencies to try and find my baby... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 3, 2020

The circumstances of your case are unfortunate, it is best to contact an attorney who can assist you with the specifics of your case and provide you with a tailored response and representation.

We are glad to assist you. Contact us whenever you are ready.

I wish you well....
Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can grandparents rights to visitation be brought if the father of the child is deceased and was never legitimized?

Voluntary acknowledgement was signed and filed child born out of wedlock and not legitimized prior to death

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 30, 2020

It really depends. It is best to consult an attorney who can assist you with the specifics of your circumstances.

I wish you well.

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

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4 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: If i have a 12 mo TPO on someone and it covers our child, before TPO & when TPO was issued father was not legitimized.

He has since legitimized the child but NO visitation has been established. Will a court overturn the TPO covering the child to establish visitation if he has harassed mom and done things in front of the child and never had any visitation what so ever/ the child is 7 years old.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 29, 2020

The answer is no. The TPO will take precedence.

It may be best to contact an attorney who can assist you with the specifics of your circumstances.

I wish you well.

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

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2 Answers | Asked in Child Custody, Child Support, Civil Rights and Family Law for Georgia on
Q: In GA, why is custody interference considered a civil issue when the statute clearly states otherwise?

I'm in Forsyth County and this ongoing issue and the sherriffs dept not enforcing our parenting plan, has led to severe damage to our child, alienation from me, emotional, psychological and more legal and financial strain and abuse (control) due to me filing contempt. He suesxme for custody. Now I... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 28, 2020

Whether an officer elects to file a charge for criminal interference with custody is unfortunately a case by case decision. Another option that you have is to file a warrant application for the interference, which will put that decision before a judge to determine whether there is probable cause... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How can I start the process of signing rights away when both (l) custodial mother and absent father agree?

He has never been active in childs life, and does not want to be. There was a positive paternity test from dfcs, but he never acknowledged it. How can we get his rights signed over so my partner can eventually adopt my child? Never married, no child support involved.

Ellaretha Coleman
Ellaretha Coleman answered on Jan 28, 2020

You will likely need to be moving forward with the step-parent adoption process for a judge to sign off on the voluntary termination of rights. Most judges will not sign off on the voluntary termination without a substitute parent to step in. You should consult with an attorney to discuss your... Read more »

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My wife left Aug26/19 took our son to Florida now SC won’t let me see him blocks me I want to work it out what to do

I want to work it out but she says no if I talk about it she blocks me as punishment saying I’m harassing her she says I’m emotionally abusive but I want to be around my son but I don’t want a divorce cause it goes against my religious beliefs it does what can I do to see my son without a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 27, 2020

Unless you are willing to file for divorce or separation, there isn't anything legally anyone can do to help you resolve parenting time disputes.

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

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1 Answer | Asked in Child Custody for Georgia on
Q: In Ga, how do I stop child support being taken from my paycheck from enforcement once my child turns 18 and graduates?

Currently my child support is drafted from my paycheck and taken by child support enforcement. My son will graduate in May and turn 18 in July. I just need to know if there is a form I need to file with the court or if it automatically stops. Again, we are in Ga.

Regina Irene Edwards
Regina Irene Edwards answered on Jan 26, 2020

It is highly unlikely it will just stop in July. You need to consult with an attorney about your options.

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

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