Mother has been located in another state, children are currently in foster care due to mother being arrested and secondly because mother has allegations of abuse. Other state has proof that all allegations in Ga has been closed but is still seeking jurisdiction over my children
You can generally file for an emergency hearing in Georgia without the other parent if they have violated a custody agreement. This is particularly relevant if the children are in another state's foster system due to the other parent's arrest. Legal complexities involving multiple states...View More
In Georgia, if you have primary custody and the father has visitation rights, the specifics of who can care for the child during those visitation periods should ideally be outlined in the custody agreement. If the agreement explicitly states that the father is not allowed to leave the child with...View More
Ex filed for a change of custody, along with my response to his change of custody should I also file a counterclaim to have my own issues addressed since I am already going to be back in court due to his change of custody? If I only file a response, will the Judge also listen to my requests to... View More
You should hire an attorney. The attorney can discuss whether you should file a counterclaim, the matter of potential attorneys fees in a modification action, your answer and how to move forward in defense of this action. We cannot give you steps to represent yourself effectively through this...View More
The agreement is he gets her every other weekend. He does not have a job or any income coming in, I still provide everything for her while she's over there. I do not know if that changes things but this works with us. We just want to get this divorce finalized and custody agreement legal. I... View More
To obtain a divorce, you will have to have the courts involved. Only a judge can issue a divorce decree. Most counties have a self-serve legal assistance office where you can get assistance filling out the uncontested divorce forms. They are also on most counties' clerk of court websites to...View More
The grandparents can give you the children back voluntarily at any time. If they refuse to return the children, you would have to take them back to court, file the necessary paperwork, and have them properly served. Once they are served, the case will move forward through the courts. Speak...View More
It's not going to be cheap or easy if he contests the divorce. Your easiest route is an uncontested divorce which can be finalized in as little as 31 days from filing. However, you and your spouse will need to agree on all terms of the divorce, including child custody, child support and...View More
If your spouse will sign paperwork it could be an uncontested divorce, which will reduce the costs. But all the necessary paperwork must be signed and it must be filed as an uncontested divorce. If it is contested, you could still keep your costs down with the right attorney. Speak directly with...View More
An agreement not to modify is probably not what you signed and not enforceable. Georgia can modify if they determine it's in your child's best interestm. Whether they will or not is a tougher analysis you need to speak with an attorney about.
I agree with attorney Edwards. Agreements not to modify are not typically enforced in Georgia. Your daughter's custody election is a rebuttable presumption that she should be allowed to live primarily with you, but is not absolute. The court must still make a determination of whether it is...View More
I would speak directly with an attorney and take all of your divorce documents with you. Then they can determine exactly what you orders state. However, absent viewing those documents, if the custodial parent has plans to move out of state, the notice requirement is put in place to give the...View More
My best advice would be to hire an attorney and have them file your Complaint for Divorce. I would not advise you to represent yourself. If you are seeking primary physical custody, especially if you are seeking sole legal custody as well, you are going to have to put on your case in chief to the...View More
You should speak directly with an attorney. Because we cannot advise you to simply go pick up the child without knowing where and from whom, as the situation could pose a danger. You could involve the police and have them meet you to pick up the minor child with a copy of your court order. But...View More
In extremely rare circumstances, a court may hear an emergency matter on an ex parte basis where the other party does not need to be served prior to the emergency order. But in most cases, you will need to serve the opposing party prior to the matter being heard by the court.
Hire an attorney to represent you. A lot of matters will not move forward without proof of service. Not knowing more information about what type of emergency action you have, it is likely that the other party should be properly served before the court will take up the matter.
If the father of your child is preventing you from seeing your child and you are facing custody and visitation challenges in Georgia, taking certain steps can help address the situation. Open communication with the father about your concerns and seeking mediation to find common ground are initial...View More
If you were not married to the father when the child was born and the father has never legitimized and been given custody of the child, then he is kidnapping if he does not turn the child over to you. Without marriage at the child's birth or legitimation the father has no rights to the child....View More
2012 in PA dad filed for custody. "Settled" outside of court. Order states (in dads writing) mother will have PPC . between age 3-5 father has right to assume PPC. Once child reaches school age, parents will come to new agreement as to whom has PPC. Child lived w/ mom and both moved... View More
If there is an order from PA, even if it was settled, the settlement should have been made a part of the final order. When you say settled out of court, was the case dismissed? Because if the case was dismissed and there was never an actual order signed by the court, then there is no order that...View More
What you need to file depends on how temporary custody was provided. If we are talking about temporary guardianship and there is an order, then you need to file to terminate that order. And paperwork can be drafted to terminate and signed by the guardians and the parents. If there was no order...View More
May I ask the judge for her to answer in court that day on the stand to answer all 42 questions in front of judge since I am representing my self? How do or what website / link may I know if my Ex is work, have a job or if she on unemployment? May I allow the defendant to speak 1st in court,... View More
If you are representing yourself an attorney can't give you step by step advice of how to present your case in chief at trial. You are expected to have the same knowledge as an attorney when you are a pro se litigant. And no, the way to address someone not responding to discovery is not to...View More
She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More
Law enforcement remains the most clear remedy for her danger, and if a child is involved then Law Enforcement may need additional advocacy in order to understand the specific dangers involved. DFCS and other agencies may assist family and concerned citizens when a child is being exposed to...View More
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