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Georgia Family Law Questions & Answers
2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: if the father of my child moved out of state with my daughter without legitimacy what actions can I take?

he is rejecting me from getting my child back in my custody as well as mentally abusing her. she has been with him for over a year refusing me of any rights. he recently told me that he has papers saying that my child has to remain in his custody until the court says he can have custody. I do not... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 23, 2021

You need to report this to the Police. If I understand you correctly, this man has kidnapped the child. If the child was born out of wedlock AND if the man NEVER legitimated the child, the man has absolutely -- NO RIGHTS whatsoever to the child. None. Letting this go on for more than a year... Read more »

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My son’s dad signed birth certificate late. Will i be able to get child support now or will i have to wait ?

We sent the papers in back in June, but it could take up to 10weeks for his name to officially be added to the birth certificate, can i go ahead & get child support or will i have to wait until his name is officially on the document?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 22, 2021

You can file for child support now.

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2 Answers | Asked in Family Law and Adoption for Georgia on
Q: My goddaughter which is 24 years old wants us to be her parents on her birth certificate and change her name to ours.

She has been our child for years already be provide for her but she was adopted from the state when she was 4 years old and now she doesn’t want them as her parents on her birth certificate. Can we just put a petition in to have everything change on her birth certificate or do we have to go... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 21, 2021

If you want her to inherit from you as being your own child, an adoption is the way to go. If you do not want to adopt, then you would need to meet with a probate attorney and make sure that all your advance directive documents, Wills, conveyance documents, etc. (whatever is needed to accomplish... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: I'm having to go to a preliminary protective hearing for my children what can I take with me to help me get mychildren
Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

We would need to know more about your case in order to provide you with guidance. You may want to consult with an attorney who can review the case in detail and present you with the right route to address this.

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: 17 year old living with mentally and emotionally manipulative toxic family ( who are not my parents) wanting to move out

And live with a different family member I turn 18 in two months but I can’t take it here any longer and just thinking about running away

Michael D. Birchmore
Michael D. Birchmore answered on Jul 20, 2021

DUPLICATE QUESTION.

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My kids live out state with Mom and I have monthly visitation. I would like to see if I can get credit or

adjustment for travel cost? My CS order is 2yrs old. Can this be done?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2021

A travel deviation is discretionary. You should consult with an attorney. It is possible that even though your order is 2 years old, the support could increase if your income or the child's expenses have gone up, or if the mother's income has gone down.

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1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: Is there much that a policeman can do about this situation?

I’m 17. I’m two months away from being 18. I’m moving out and teaming with a trusted friend as a roommate and I’m going back to work and I have a small business as well. I just don’t want to be at home anymore. Is there not much a policeman can do since I’m so close to being 18? I... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 19, 2021

Forget emancipation. Not enough time to make that work. Until you are 18, your parents rule the roost. Should an adult help you move out before you are 18, that person could be charged with interference with custody. It's only 2 months. Focus on the positive things you should be doing... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Can you place an ad in the paper to have the biological father removed from the birth certificate ?
Michael D. Birchmore
Michael D. Birchmore answered on Jul 19, 2021

No. There is a process that provides for this. Speak with a local domestic law attorney to learn the specifics.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Grandmother's rights in Georgia

My granddaughter is 10 she currently lives with her grandmother on her mom side. Her grandmother is sick and is in and out if the hospital, my granddaughter mom is unfit and her father is not willing to do the paperwork to get custody how would I go about getting custody of my granddaughter?

Homer P Jordan IV
Homer P Jordan IV answered on Jul 19, 2021

Have you asked her to give you temporary guardianship? You should consult with an attorney who can review the facts of the case in detail and present you with the options.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have legal joint custody with my ex and she will not let me see my child. What do I do?

We were never legally married, lived together 8 years, I am legitimized, pay child support and a court order to have my daughter every week but my ex will not ever allow me to get her. What should my first step be?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 19, 2021

Contact an attorney about filing for contempt. Before you do, send a text indicating you are going to exercise your parenting time at the next scheduled time and you will sue her if she does not allow it.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: Have a friend that is married and his wife is cheating she has another man living with her what can he do

She a restraining order against her husband he cant even see his kids while she has another man living in his home

Narissa Juitt-Jackson
Narissa Juitt-Jackson answered on Jul 12, 2021

I agree with my colleague. He should file for divorce and ask for parenting time. He must still abide by the conditions of his TPO. If he doesn't it could jeopardize his future parenting time.

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3 Answers | Asked in Family Law for Georgia on
Q: Can I get my kids back and force a court to intervene before mother get them back

not married to the mom, but kids went to mom's parents and they took kids over to mom who want to get them back but they have been living with me for 4 years with 2 previous years with mom but the other 8 years before that they lived with me. ages 6, 10, 13, and 14 years old. I am on birth... Read more »

V. Joy Edwards
V. Joy Edwards answered on Jul 8, 2021

You must file a legitimation action before the Court will award you custody. Is there a Court order giving the grandparents any kind of custodial rights or prohibiting the mother from having contact with the children? You should consult with an attorney to discuss your case and come up with the... Read more »

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Need help with appeal process

Three years ago my daughter was in abusive relationship her bf wouldn't let me take the baby and my daughter would steal from Walmart to support her daughter cause the baby father was addicted to pills and would abusive to her. Well she got caught twice put on probation and went to jail for... Read more »

Kedra M Gotel
Kedra M Gotel answered on Jul 7, 2021

Your daughter doesn't have an appeal appealable issue. She simply needs to revoke/terminate/end the guardianship in a signed writing. The Division of Family and Children Services did not initiate a petition of protection nor did they seek termination of your daughter's parental rights.... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: im 15 and i just had my daughter.my mom is constantly starting fights over nothing what do i do to keep my daughter safe

today, she got angry because she was changing my daughters diaper and i took over and did it myself. she then started an argument because i did not want her to see my birth video and her reasoning was because she is my mother and she has that right. i do not want this around my child but i am 15... Read more »

Kedra M Gotel
Kedra M Gotel answered on Jul 6, 2021

I am saddened to hear that this type of disturbance is occurring in your home where peace should resound. Because you are a minor yourself there is not much you can do unless the situation turns violent and you and your daughter's life is in danger. You could also talk with your grandmother... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Just got out of jail for contempt back child support, $8600 to get out and was also stripped of visitation rights. Help!

So yes, wife and I divorced 2014. I tailspun out and was homeless, addicted, mentally lost it a few times, once ended up at a psych place for evaluation etc. 2017, and a couple attempts in 2016 I began trying to pick up myself up and wanted better. Prior to this, was always honest with exwife... Read more »

Kedra M Gotel
Kedra M Gotel answered on Jul 6, 2021

First, I would like to express my sincere condolences for your current situation. As a child support attorney, I am aware of the frustrations surrounding child support arrearages. It is great you were able to purge the amount and be released from jail. On another note, if the mother of your... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How do I start the process of legitimazation and gaining equal rights to my child? Representing myself, very poor

Having issues with getting appropriate amount of time with my daughter, up to being denied access to the children's hospital where she is having heart surgery. No history of abuse, never been in trouble beyond traffic tickets, no justifiable reason to limit my time with her or deny access to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 29, 2021

I'm sorry for you in this situation. What you are looking for here cannot be expressed on this website. I don't like telling you that your odds of getting everything you want are very small when you represent yourself. Trying to tell you what to do here would be like us trying to tell... Read more »

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My daughter is 18 and her boyfriend is 17 he dose not want to be home.his mother is BIPOLAR AND refuses to take her

Her meds and is very abusive mentally and physically can he leave home

Michael D. Birchmore
Michael D. Birchmore answered on Jun 26, 2021

No. He is a child until he turns 18. You need to know that helping him go against his parent(s)' wishes could put you at odds with the law. You might be charged with interference with custody. If the situation is bad enough, you might consider calling DFCS (Department of Family and... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Can I pay child support through Zelle? Is there anyway my ex can come back saying they didn’t receive the money? What

Can I do To make sure she doesn’t come after me for child support if i am paying it through Zelle?

Regina Irene Edwards
Regina Irene Edwards answered on Jun 26, 2021

You can pay this way as long as you don't have a court order specifically telling you to pay another way. First, send a dollar to the number and get a text confirmation that she received it. After that confirmation, you can send the full amount knowing she got it. As an extra measure you... Read more »

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Would a remarriage to a former spouse null and void the terms of a separation agreement from the first marriage?

Terms of the separation agreement calls for $10,000 to be remitted to former spouse to represent her equity in the marital residence. The couple later reconciles and remarry which just recently ended in divorce for the second time April 2021 with a new separation agreement. The now former spouse... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jun 24, 2021

You have a lot going on here it seems. I would suggest consulting with an attorney who can review all the facts and provide you with guidance.

3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my ex tell where I can stay during my visitation time. ie a hotel if necessary.

My ex lives 6 hrs away and I have been driving staying with her, but it is causing too much drama. And now I don’t want to stay with her, but I don’t want to give up my visitation time with my kids.

Michael D. Birchmore
Michael D. Birchmore answered on Jun 23, 2021

Sit down with a child custody attorney to discuss your situation. We cannot answer your question here because we don't have enough information. You may need to take some form of legal action to get where you want to be.

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