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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law for Georgia on
Q: Where can I get the paperwork to contest the name change of a minor child in Georgia?

I was trying to help a friend that is going thru this with his ex wife and their son and wasn't aware that there isn't any "paperwork" that could be filled out for this, I have found documents for other states that can be submitted with an answer to the petition of a name change... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Oct 25, 2021

GA (and most states) does not simply provide "paperwork" to contest anything. The fact that you are asking this question says to us all that you would/could not be able to fill it out correctly even if you had the paperwork. There could be many reasons for and ways the other parent... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Child protective services were call by my fiance ex wife. I have until end of day to answer allegations. How do I procee

The allegations were of substance abuse

Michael D. Birchmore
Michael D. Birchmore answered on Oct 25, 2021

I urge you to do absolutely nothing until you have met and discussed this situation with a criminal defense attorney. Be giving ANY information, you may be be saying things that will get you arrested and worse. Speak with an attorney first.

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Married for about 3 years and cant do anymore

Got married because we got pregnant while dating. Spouse moved in and we had the child.

But we never got along and on top of it spouse denied sex. Never had sex after child was born.

No alcoholism, no abuse, maintained separate bank accounts but I contributed mostly to day to day... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Oct 21, 2021

You can seek a divorce. Work with an attorney who can help you with the proper course of action, especially since there is a child involved.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Is it required that guardian ad literm is to proved report to both parents of their recommendation in georgia?

Guardian ad litern told judge the parents did not have money for report however they both paid for court fees with money available

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

It is not required. If the report is not already drafted, it takes many hours to do that and will cost the parties probably an additional $5,000 at least. So they may have paid for the investigation, but the written report is more.

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2 Answers | Asked in Family Law for Georgia on
Q: Bf baby mother strips away his rights to see their 7 month old when she is mad at him ..What can he do ?

Every time my boyfriend's baby mother gets mad at him she doesn't let him see his son, she controls everything and he doesn't know what to do because he feels like he has no choice or control even though it's his child as well

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

He won't have any rights unless and until he files a court case and gets rights and a custody order.

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2 Answers | Asked in Family Law for Georgia on
Q: Every time my sons mom gets mad she strips away my rights to see him, what can I do?

I have a girlfriend and she doesn't like that I am with somebody else, I've never brought my son around her and she is no danger to him, but every time my sons mom get mad she says I can't see my son and I don't know what to do about it I feel like I have no control over the... Read more »

Narissa Juitt-Jackson
Narissa Juitt-Jackson answered on Oct 19, 2021

In order for you to have any legal rights to your son, you will have to file a Petition for Legitimation.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I am trying to start the divorce process with my husband who ran off with our daughter out of state. I haven’t been able

To do so yet since I do not know his address. I recently found out where my daughter is going to school so I know what city he is in at least. What can I do with this information? Can the school give a lawyer his address? We have no formal custody agreement or anything keeping me from her, he’s... Read more »

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

You can hire a skip tracer to locate him. You can at this point still move forward with the divorce. You should work with an attorney who can help you with the proper course of action.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: How can I get my son back full-time?

I was the primary custodian in the divorce proceedings and primary decision maker. Outside of the agreement I allowed for my son to live with his dad. No paperwork has changed our initial agreement. Now he's 15 and I want him back. Do I still have rights? Can I just go get him after he's... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Oct 18, 2021

I strongly recommend that you speak with a Georgia attorney about this personally. We will not be able to give you step by step advice with the little information you have provided. I strongly urge you to get counsel first before you do anything. You will need to coordinate the retrieval of your... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can a runaway teen be but into foster care after running away twice in Georgia?
Michael D. Birchmore
Michael D. Birchmore answered on Oct 18, 2021

The answer is possibly. The actual facts of this situation would tell us more, but you didn't provide enough facts. You should meet with an attorney now before more damage occurs.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My ex & his attorney claimed my evidence was useless, what can I do?

I filed a petition to change child custody (my ex has primary, I want 50/50 as circumstances have changed). I provided text message screenshots between the two of us that clearly backed up the claims I was making; however, he and his attorney filed a response that said all the screenshots were... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Oct 15, 2021

Don't worry about the lawyer says. First, anything you add to the petition isn't considered evidence. In court, you present the evidence to the judge. But send clear copies of your evidence to the attorney ahead of time. Let the judge decide if your evidence is usable or not. But you... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: What are non custodial rights if custodial refuses by weekly visitation of an adult autistic person.

The autistic adult expressed in professional counseling that they would like by weekly visits, but custodial parent says no, it would cause distraction while in school. Weekend by weekly visitation. The non custodial parent pays for the counseling and Healthcare.

Homer P Jordan IV
Homer P Jordan IV answered on Oct 13, 2021

If the person is a noncustodial parent you can’t force a visitation on them. You can seem a modification to the custody arrangement and see if he is open to it.

1 Answer | Asked in Family Law for Georgia on
Q: My 94 year old dad changed his will after being on Alzheimer’s medicine for seven years. Is this legal?
Michael D. Birchmore
Michael D. Birchmore answered on Oct 13, 2021

There is no law that says a person is too old or too sick to execute a Will. The key issue is whether the person is actually Compos Mentis (of "sound mind" or "...having a mastery of one's mind.") and not Non Compos Mentis (not of "sound mind" or "...NOT... Read more »

4 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Georgia on
Q: My husband is keeping our son from me. He kicked me out. I'm worried. He is an addict and criminal with records of both.

My husband and I are looking to get divorced. I am being told that I am kicked out of the house I have been in with him for 8 years now and that he is not allowing me to take our son. My husband is a very bad person who has been in trouble with the law his entire life. He is an addict meth. He has... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 12, 2021

I am so sorry to hear about your struggle, and luckily the pathway has an easy first step. Rather than a Criminal Defense lawyer you need to make an appointment with a qualified Family Lawyer to start the separation/divorce process. There are tools in that process to specifically address the... Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What is the time frame for other parent to oppose relocation? Is it also 30 days or is there no timeframe required.
V. Joy Edwards
V. Joy Edwards answered on Oct 10, 2021

There is no time frame required. You should contact an attorney to discuss your options as relocation MAY lead to a change of custody.

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2 Answers | Asked in Family Law for Georgia on
Q: How does Georgia law work in spilttingmartial assets and debts when one is working hard for the family and other is not

My spouse is abusive, he abandoned family for many months in the past, does not contribute towards family. Free ride with mortgage, insurance and all expenses. Recently got a job but has been paying well for his dates with call girls. How does law work in my case? How assets and liabilities are... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Oct 8, 2021

Typically speaking, marital assets are those things that were acquired during the course of the marriage. You should consult with an attorney who can review the facts of your case in detail and help you with the proper course of action to address it.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: If the non Custodial parent gives the teenager a Vape pen what are the consequences for the noncustodial parent

Could I have supervised visitation removed?

Regina Irene Edwards
Regina Irene Edwards answered on Oct 6, 2021

There is no set punishment for bad parental decisions.

1 Answer | Asked in Family Law for Georgia on
Q: My gf and me we would like to get married in Florida while we both from Atlanta and live in atlanta ?
Homer P Jordan IV
Homer P Jordan IV answered on Oct 1, 2021

You should be able to without any issue. Contact the county clerk where you would like to get married for the information on what you will need to show in order to get a marriage licese.

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: I am needing help with my legitimation case as well as child support case. Both Open cases. Self representing.

I filed for Legitimation and 4 days later child support filed an case. so right now i am currently trying to get them decided on one case instead of two cases but i do not have an child support order already. My question is if we (both parents) have agreed to Joint Physical and Joint Legal Custody... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 30, 2021

If you think your child is in harm or danger, then you shouldn't be ok with joint custody. Presenting a custody case is more than just giving the judge a parenting plan, but more about proving why that is in your child's best interest. Speak to an attorney in your area about your options.

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My husband bugged the house and has been watching me because he thinks I am cheating and I am not, is this legal?

I want a divorce because I am tired of him mistreating me. He is emotionally abusive and has been physically abusive in front of our daughter and he has a pending case against him that I tried to get dropped because he kept asking me to. I just want out of this marriage and to move on with my... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 27, 2021

You should work with an attorney who can help you with the proper course of action to move forward with the divorce. You may be able to get alimony, as well as child support. Consult with an attorney as soon as you can so this can be addressed.

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: What is the defendants between TPO and a special bond conditions
Joshua Schiffer
Joshua Schiffer answered on Sep 27, 2021

The special Conditions of Bond flow against an arrestee when a crime has allegedly been committed. They exist during the pre-disposition portion of the case and if they are violated there are special charges that can apply.

A TPO is when a petitioner has asked the court to provide a layer...
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