Georgia Family Law Questions & Answers
Q: My now wife had given conservatorship for her daughter to her then boyfriend , Can we get change it. No contact
There is no contact and they want nothing to do with him
It depends on the type of guardianship that was granted. If it was temporary guardianship through the probate court, consent can be revoked. I would suggest that you speak with an attorney to determine exactly type of guardianship/conservatorship that was granted and the grounds upon which it can... Read more »
Q: My 15 year old daughter does not want to visit her father for his visitations
Do I need to force her to go?
Yes, you should encourage her to go.
Q: Can I file for joint custody from another state
It will not be feasible to exercise true joint physical (50/50) custody of a minor child where the parents live in two different states. However, joint legal custody is customarily ordered, even with an out of state party.
Q: Can my husband take our 2 children to another state without my consent and after I have contested it in court?
He is the primary custodial parent only through a temporary custody order.
It is unclear from your question whether he is taking the children temporarily or moving permanently. Typically, if a case is pending the standing order will prevent a parent from permanently removing the children from the state of Georgia during the pendency of a divorce or custody action.... Read more »
Q: Hello I’m 15, I would like to live with my father. If the court didn’t decide anything yet can I stay with him
I will be turning 16 soon and my mother always told me She never wanted custody of me until she found out she would have to be paying child support. She constantly calls the police on me claiming I’m juvenile. Always threating me with the police. When something doesn’t go her way. I just want... Read more »
Your father needs to contact an attorney to ask these questions.
Q: Am I allowed to refuse visitation to the non-custodial parent due to alcohol, drug and extreme sexiual behvior abuse.
I am the custodial parent and I wanted to know can I refuse visitation according to the other parent abuse. He has not seen his child in over 3 years becuase he hops state to state and city to city. He owes over 27,000 dollars in child support. I have video and photo proof of all his abuse.... Read more »
I would suggest that you file the necessary documents to modify visitation immediately. Depending on the judge/county, you may be able to get an emergency hearing to temporarily modify visitation if you believe that your child will be in danger when the child is in his father's care.
Q: What will happen if the mother moves before she is served the legitimization papers for our child to be in court?
The mother of my child is moving out of state in 30 days. I just filed the legitimization papers yesterday. Our son is 7 months right now. She will not tell me where she is moving to, she won't give me her number to contact her about him. If she move before they serve the papers, what will be the... Read more »
Until she is served, there is no standing order to prohibit her from leaving the state with your child. Unfortunately, until you are legitimized, she does not have to advise you of her whereabouts either as you have no rights to custody or visitation until then. You should aggressively pursue... Read more »
Q: How can we get a "homeless" NCP served?
My husband filed for Child support in Jan. 2019 against his son's mother, the NCP. He has full physical custody and joint legal custody. The NCP is "homeless" on paper, and the sheriff has been unable to serve her at any address available. She visits the child regularly at our home, extracurricular... Read more »
If you have specific dates/times that she will be there for visitation, you can have a private process server serve her during those visitation periods. Oftentimes, you can arrange a specific time and place with a process server, where this is not typically an option with the Sheriff's Office.
Q: Father hasn’t seen children in 5 years, does he have the ability to take custody of the children?
He has paid child support, but hasn’t made contact with them since divorce, did not request custody at divorce hearing.
There isn't enough information to answer the question. If you are asking if he hasn't seen the in 5 years and has just popped up to exercise his parenting time, you can't deny the parenting time if it's ordered by the court. If you feel that him exercising parenting time would be detrimental,... Read more »
Q: Father hasn’t seen children in 5 years, does he have the ability to take custody of the children?
He has paid child support, but hasn’t made contact with them since divorce, did not request custody at divorce hearing.
I would recommend the father seek visitation first to re-establish a relationship. After two years or so of having a strong relationship with the children, primary physicsl custody would not be out of the question.
With the information that was provided, at least, the father has almost... Read more »
Q: do i have to make my 14 year old go with his father if he doesnt want to
the mother has legal physical custody
Yes, if there is an order of custody. If the child no longer wants to visit, you should file a modification of visitation action. Otherwise, you will risk being held in contempt for not making the child exercise visitation with the non-custodial parent.
Q: My son has a baby with a girl ,does he need a lawyer to get her legitimatized ,if not how do we do it .
If he needs a lawyer is there one who will work with him on payments
He probably should get an attorney to file the legitimation.
Q: Do I have to submit my petition to change my name to the court if it is a change because of a marriage?
No. You should be able to change your name with your marriage certificate.
Q: Can my cousin put me and my mother out today without a legal eviction notice?
My mother and I are staying in a family home, which use to belong to my grandmother, along with my aunt (cousin’s mother) and uncle . We found out after an argument that the home belongs to my cousin now and it has since 2005 per me going to the courthouse to acquire the deed for more... Read more »
They can not force you to move without filing an action in court.
Q: Uncontested Grandparents Custody Petition.
The filing is being made, can we ask for modification to the visitation of the non custodial parent on grounds of it being harmful and not in the best interest of this child due to abandonment by non custodial parent and it has been 2 years without communication, parental responsibilities even if... Read more »
Yes, in a modification of custody action, you can also seek to modify a non-custodial parent's visitation rights.
Q: Can a father file for temporary custody if the child hasnt been legitimized or does he have to file legitimization first
The father can file for legitimation and custody in the same action.
Q: Divorced in GA & now dependents live in SC, divorce decree says joint custody. What are my rights?
I live in GA my ex wife moved to SC with our kids. Our divorce decree states we have joint custody but she won’t allow me to see them. Does the divorce decree still hold up? Is she in violation of the decree orders, or does the rules change since they’re in another state? How can I get my... Read more »
The divorce decree is valid in all 50 states. You can apply to modify the order in Georgia. Georgia allows children 14 and up to pick the parent with whom they wish to live.
Q: If my spouse, in court, admits to a crime, possession of prescription meds that aren't hers, what would a judge do?
There is no way to answer that question. Each judge is different, each situation is different, and the type of drugs are relevant. It's possible that it won't make much difference.
Q: My husband deserted me while suffering from medical issues. He has left the state and we have one child and no support.
He has sent no money for support. What can he be charged with and how long before he would have to give me any money. How long before I could get help. I am homeless and starving.
You can file a warrant application for abandonment if he has not supported the child in more than 30 days. You can also open a child support action.
Q: I’m 25 i live in Mississippi. My sister 14 is in a group home in Georgia. I need to know what can I do to bring her home
She has been in the group home for over 30 days I need to know what can I do to bring her home I have not seen or spoken to my sister in over 7 years.
You need to schedule a consultation with an attorney in Georgia and let them know everything you know about this case, including why she is in the group home and what happened to your parents. The answer to your question could be a number of things, but no one can properly advise you without all... Read more »
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