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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: a child's custodial mother dies and the father of the child hasn't legitimized the child does he have custodial rights?

The mother was murdered leaving behind a 4 year old daughter. The child was born out of wedlock but the father has always supported the child. He did not take the extra step to legitimize the child and is now in a dispute with the grandmother that never participated in the health and wellbeing of... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 24, 2023

The father should hire an attorney and file an action to legitimize. In that action he should seek sole legal and physical custody of the child. Since he has been paying support and can show he’s been an active participant in the child’s life, it should not be an issue for the court to... Read more »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: Should I keep let my child’s father see him although we have pending custody case?

He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby

Todd B. Kotler
Todd B. Kotler
answered on May 19, 2023

Please remember this is site for general information and should not be used as a substitute for retaining a lawyer who regularly practices in the Court wherein your case is pending. That being said, if there is a pending case are there not also temporary orders (called "lis pendens" in... Read more »

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: Should I keep let my child’s father see him although we have pending custody case?

He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 22, 2023

The first thing you should do is hire an attorney. And I'm not sure what you mean by fight for protection. If there is domestic violence and an ongoing threat, you should seek a protective order, which is a separate case altogether. If you were served with paperwork for a pending case, and... Read more »

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1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for Georgia on
Q: Which takes presidence the ownership, or the rental agreement

Property is jointly owned, tenneants in common. Mortgage is an individual loan, husband only. Husband and wife are divorcing. Prior to being evicted (she sat his remaining property outside) a rental agreement was signed.

As joint owner, Is she within her rights to change the locks? Or... Read more »

James Clifton
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James Clifton
answered on May 18, 2023

Each owner is entitled to equal use and possession of the property. There can be no rental to someone who is also an owner because their ownership interest is of a higher priority. If the divorce decree awarded the property to the wife, then the ex-husband could be a renter. Under that... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How do I try to find a lawyer who might take my case pro bono? Should I just call Family law attorneys and ask?

I really need a lawyer for this legitimization case. We went to court a couple of days ago for the first time and I felt so lost and stupid in there alone. The judge wouldn't even let me speak and basically was on their side...that's how it came across to me. I wanted to run out that... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 18, 2023

There are income guidelines for legal aide services and sometimes a waiting list to accept cases. If you can't get a legal aide service to take your case you should contact some domestic attorneys and see if they will work with you and accept payments. Sometimes if you can get a lump sum... Read more »

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1 Answer | Asked in Civil Rights, Education Law and Family Law for Georgia on
Q: What can I do? This is my son's future!!

My son has been on an IEP since 3rd grade. I have been his sole primary guardian most of his educatuonal life. He has and all been well aware that there is a certified copy of custody papers several in his files. How ever Mr. Robinson decided to violate GA Code 20-2-780 and allowed my sons father... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 18, 2023

You are going to need to file for what is called a "Due Process" complaint against the district which is failing to provide free and appropriate public education to your child (FAPE). Due Process is a term of art within education law that is distinct from other uses of the term you may... Read more »

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: About divorce

Ok, so here is the story:

My wife is a Canadian and a U.S. green card holder at the same time.

My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on May 17, 2023

You don't have many options if you don't want to separate or divorce. You can't go to her parents' house to get the children as that could be considered trespassing. If you file for divorce or separation, she likely will be forced to bring the children back. If you do... Read more »

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: About divorce

Ok, so here is the story:

My wife is a Canadian and a U.S. green card holder at the same time.

My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 17, 2023

In a contested divorce it is unfortunately irrelevant whether the Defendant wants to get divorced. If the other spouse filed for divorce and had you served, you should file an Answer, preferably with an attorney. Now that the children are in Canada, it is going to be difficult to get an order for... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: Can i get file restraining order for my child father if he is emotional abuse and does things like being disrespectful?

he had me served trying to get joint custody of our son but hes emotional abuse to us both ( baby & me ) and i just want to protect us both i only allow him to see me at my home when my family is around because i dont feel safe with just him , baby and i .

Tessie D. Edwards
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answered on May 17, 2023

Unfortunately, the restraining order and the custody case are 2 separate cases and focus on 2 issues. In order to be successful in gaining a restraining order, you will need to show the court that there has be physical harm or serious threats of physical harm to you and/or your child and there is... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: Can i get file restraining order for my child father if he is emotional abuse and does things like being disrespectful?

he had me served trying to get joint custody of our son but hes emotional abuse to us both ( baby & me ) and i just want to protect us both i only allow him to see me at my home when my family is around because i dont feel safe with just him , baby and i .

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 17, 2023

If you were served with what sounds like an action to legitimize, you should hire an attorney to represent you. If there is a family violence issue, your attorney can make the court aware of that in your Answer. That may also come into play with the visitation the father is requesting from the... Read more »

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: What is the deference between the "DOMESTIC RELATIONS FINANCIAL AFFIDAVIT" vs "Child Support Worksheet"?

I am in the process of filing a CS modification and wanted to know which will be used to calculate the child support amount.

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 17, 2023

First, I would urge you to hire an attorney and not represent yourself in this case, unless you are going through the Division of Child Support Services for this modification. A Domestic Relations Financial Affidavit is a document that outlines a parents income, expenses, assets and debts. You... Read more »

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How do I enforce unpaid medical/extracurricular from the noncustodial parent?

I've already filed late CS w DCSS and they told me I could not add these expenses--only the late child support. The noncustodial parent owes over 2k in medical/extracurricular and I cover the insurance for both children and have them 100% of the time. She also owes over 7800 in CS arrears.... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 16, 2023

Per your statements if there are arrears of $7,800 and over $2,000 in expenses owed, that is worth you hiring an attorney to file for contempt. An attorney can obtain a judgment for the funds owed, and they can also assist you with post-judgment collections. Because it's not just about... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: What are the stipulations for alimony if I get a divorce (but with only an income of $50,000.00 a year) He doesn't work!

I have been married for 6 years; I want divorce. He doesn't work he's been found fully disabled but doesn't receive benefits due to my income ($50,000.00 yr.) he has threaten that he will file for alimony if we divorce. What are the chances that will be awarded alimony? We don't... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 16, 2023

The court is going to look at his need, your ability to pay, and determine if they're going to award him any spousal supports, if he requests it. There is no statute or guideline as to exactly when spousal support is awarded. If you file for divorce, and he files an Answer asking for... Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can you file to stop a order signing over full permanent custody in Georgia?

My daughter had a controlling boyfriend and he made her give her baby to the fathers aunt whom isn’t even blood related. The lady tricked my daughter by telling her it would only be for like 3 to 6 weeks. The boyfriend was in on this also. My daughter has a learning disability and doesn’t think... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 15, 2023

My best advice to you is to speak directly with an attorney for a consultation and provide the paperwork you are referencing for the attorney to review. They can then see if there has been a legal guardianship filed, adoption or just exactly what type of rights were given and/or relinquished.... Read more »

2 Answers | Asked in Child Custody, Domestic Violence, Family Law and Child Support for Georgia on
Q: Can I have a petition for legitimation, custody and child support dismissed ...

On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??

I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 15, 2023

A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... Read more »

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2 Answers | Asked in Child Custody, Domestic Violence, Family Law and Child Support for Georgia on
Q: Can I have a petition for legitimation, custody and child support dismissed ...

On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??

I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... Read more »

Tessie D. Edwards
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answered on May 15, 2023

Unfortunately, you will not be able to get the petition dismissed based solely on the protective order being in place. The father has the right to legitimate the children and obtain legal rights and visitation (after the protective order expires) with the children unless you can show the court it... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: how does THE MOTHER get her baby back from THE GRANDMOTHER who refuses to give it back in Georgia?

my friend allowed her mother to watch her baby while she moved and straightened out her life. After reaching her goals about a month or more later the child's grandmother suddenly refuses to give child back to mom.There are no court orders giving granny any rights to the child.NOTE... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 10, 2023

If there is no court order granting guardianship or custody of any kind to the person who currently has the child, it is kidnapping if the child isn't returned. The mother should call the police if the grandmother refuses to return the child. And it doesn't matter who knows someone in... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: What is the process for Legitimization in Georgia? Can someone legitimize a child if they are not biological father?

I have been served with a petition for legitimization for my daughter? What do i need to do? He hired an attorney but I cannot afford one. Can I request a DNA test? Can he legitimize her if the DNA test proves he is not her father? Do you know any pro bono family court attorneys who might help me?

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 10, 2023

If the opposing party has an attorney I would suggest you get your finances in order and hire one as well. To clarify, there are no pro bono attorneys. Some attorneys do pro bono work. Feel free to see if you can find an attorney to handle the case without any payment. But I would start looking... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Georgia on
Q: When protective order is over can I contact n see kids automatically or what

Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.

Regina Irene Edwards
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Regina Irene Edwards
answered on May 8, 2023

The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... Read more »

1 Answer | Asked in Family Law and Adoption for Georgia on
Q: I want to adopt my nephew in TN, I live in GA for his best interest he is 4. How do I go about doing this?

My nephew's mom is my younger sister has been in trouble with the law, currently on an ankle monitor and has accepted a PPP loan for a business that she never had. She is not making the best decisions for herself nor my nephew and I want to adopt him until her circumstances improve.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 26, 2023

You should schedule a consultation and speak directly with an attorney to discuss this case. Because the advice given and the steps on how to move forward will depend on whether the mother consents to this change or not. This sounds like guardianship and not adoption. But even in a guardianship... Read more »

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