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Georgia Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Litigation, Civil Rights and Communications Law for Georgia on
Q: The school says they have a vm left by my teen from her friend's phone to another teen, can I legally listen to it?

The call was said to happen on the weekend. Name calling and "go kill yourself" was alledgedly said.

James L. Arrasmith
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answered on Feb 26, 2024

In general, accessing or listening to someone else's voicemail without their consent may not be legal and could potentially violate privacy laws. However, laws regarding consent and privacy can vary depending on your location and the specific circumstances of the situation. It's important... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: I have a TPO order, one child is listed but is not legitimized. Does the person who the TPO is against get visitation?

The judge gave visitation but there is only a custody schedule in place for the older two children. The last child is not legitimized. The person the TPO is against has filed for legitimation but until then I have sole custody.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

In the legitimation action if the father asks for visitation, the court may award him visitation, regardless of the TPO. You will have to present your case regarding what custody & visitation you think the court should award. I would hire an attorney if you are the defendant in a legitimation... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a child granddad full rights to my kid causes they have Temporary guardianship
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

If I understand your question correctly, a grandparent can file in court to assert their rights and ask for custody. If they are the guardian and they have had the child or children for a period of time, the Court could take awarding them permanent custody seriously. But you will have your chance... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Hello - I have a letter enforcing an Income withholding order. I haven’t been late once and there’s a live court order.

I received a notification that the Georgia Department of Human Services notified my employer to begin enforcing an Income Withholding Order. Our court order states “both parties agree an IWO isn’t necessary at this time”… is this legal to enforce? I’m not late and pay each month on time.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

"At this time" means at the time your child support addendum was drafted. It doesn't mean that at a later date an Income Deduction Order cannot be established. So yes, they can establish one now, and your employer will enforce if when it's sent to them.

1 Answer | Asked in Divorce, Business Law and Family Law for Georgia on
Q: If a LLC is created during a marriage, is that LLC considered a marital asset and value divided 50/50 between parties?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

You should speak to an attorney regarding assets that are considered marital or separate property. A spouse starting a business during a marriage doesn't automatically entitle the other spouse to half ownership of the business. Income earned by both spouses is considered marital property.... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: For an uncontested divorce without children who is the one that actually files? I've been told he has to file. Why?

We live in separate counties. I asked the Superior Clerk about filing fees and he inquired about the counties we live in. When I told him my husband was in another county, I was informed he'd have to be the one to file as the Plaintiff. This does not matter to us who is listed as who. We just... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

It would probably be helpful if you hired an attorney, because the employees at the clerk's office are not suppose to give you legal advice. If it is a truly uncontested divorce where both spouses are going to sign the papers, you can file in your county. That is because your spouse is not... View More

2 Answers | Asked in Family Law, Civil Rights, Domestic Violence and Identity Theft for Georgia on
Q: Does anyone in the macon area provide probono help or will work anything out to help me with a wrongful dfacs case&DV
Joshua Schiffer
Joshua Schiffer
answered on Feb 15, 2024

The Public Defender will get involved if there is a criminal issue, and if DFCS is involved you need representation ASAP.

There are several churches and charities that offer some financial assistance and referrals, especially if there has been abuse involved.

Do not wait to get...
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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: what can i do about child support making mistakes that cost me my license and 40,000 in debt I'm not responsible but for

i was incarcerated in another county when my court date came up for determining the amount i would pay but none came and took me to court and they just put some number down that was incredibly higher than made or ever made and then wouldn't even look at it for another almost 3 yrs ...

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 6, 2024

For the last 3 years the court expected you to pay the child support ordered. Two years after the order you could have filed for a modification. But a court is likely going to enforce the arrears balance for support that has accrued and not been paid. You can hire an attorney to try and... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Hello - I have a letter enforcing an Income withholding order. I haven’t been late once and there’s a live court order.

I received a notification that the Georgia Department of Human Services notified my employer to begin enforcing an Income Withholding Order. Our court order states “both parties agree an IWO isn’t necessary at this time”… is this legal to enforce? I’m not late and pay each month on time.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 6, 2024

Child support enforcement is now involved in collecting your child support for whatever reason. You can contact the Division of Child Support Services and inquire as to why an Income Deduction Order was signed. But if a judge signed the Order, your employer is likely to enforce it and begin the... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How do I get custody of my 14 year old son. We don't have a custody agreement at this time. We have never been married

He wants to come live with me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 6, 2024

You would need to file an action to legitimize. In that action you would asking the court to award you primary physical custody and you may consider joint legal custody with the mother. An election can be filed showing the court where the child is asking to live as well. I would speak directly... View More

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How do I get custody of my 14 year old son. We don't have a custody agreement at this time. We have never been married

He wants to come live with me

T. Augustus Claus
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answered on Feb 6, 2024

In Georgia, to obtain custody of your 14-year-old son without an existing custody agreement, especially considering you were never married to the other parent, you would need to file a petition for custody in the appropriate family court. Georgia law recognizes the importance of the child's... View More

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1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: So today my boyfriend and I were arguing about our 4 month old baby. It was a heated argument and the neighbor called

So today my boyfriend and I were arguing about our 4 month old baby. He had her since Thursday and was supposed to have her until Tuesday. We were supposed to go to lunch earlier but we had got into a little petty disagreement and decided against going so I went to run errands instead and he kept... View More

Joshua Schiffer
Joshua Schiffer
answered on Jan 29, 2024

I take it someone was arrested?

Often times when a 3rd party calls the authorities the investigators are unwilling to slow down and actually investigate what happened, as it is faster and easier to just start arresting folks.

IF you or your BF were arrested, BE CAREFUL and get an...
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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Attorneys' May you help me. Case Law in State of Georgia that will help me in court & No Show Of the Defendant/mother

Attorneys' May you help me/ FAMILY LAW MATTER! Case Law in State of Georgia that will help me in court & No Show Of the Defendant/mother Dec 21st 2023 the Defendant/mother was a no show so I ask the judge to grant me full primary custody of my then 5yo daughter ( Her Birthday Jan. 29th,... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

First, if the Defendant was not properly served according to GA law, they did not have proper notice & opportunity to be heard. Therefore, the Court would not consider the Defendant to have failed to appear if they were not properly served. Statutory Electronic Service is only proper service... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am going through a divorce. Do I have to go back to my maiden name or can I chose a new last name once it’s final?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

You can keep your current name or have your maiden name restored. You will need to inform the Court which option you are choosing and I would advise you to hire an attorney to represent you in this divorce. If you want a name other than your maiden name, the Court is not going to change your name... View More

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1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Tax Law for Georgia on
Q: How can I find out if I’m a beneficiary to multi investment accounts from my deceased grandma…

I speculated my grandmas original will was swapped for a forged one reflecting my mom as the sole beneficiary and there’s nothing that I could do unless I had the original will, which I did not…

So my mom never informed the brokerage companies of my grandma death nor put it in probate.... View More

James L. Arrasmith
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answered on Jan 26, 2024

I'm sorry for your difficult situation. There are a few options to determine if you are still a designated beneficiary on any of your deceased grandmother's investment accounts:

1) Contact each investment firm directly (e.g. bank, brokerage, etc) providing copies of the death...
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3 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Q: Can a GAL, testify in court if he have not completed his investigation or even spoken with the child repenting?

The GAL, was appointed at a contempt hearing. The contempt was not charged, an agreement was made with both parties. Two weeks later the child came forward with allegations of being molested by her father, therefore the mother stopped abiding the new agreement. After 2 months or more with the fact... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

The parties are allowed to cross examine the GAL and ask any questions they think are relevant to said testimony or the case. If you felt like steps were not taken that the GAL should have taken, that was your opportunity to ask those questions and have the Court hear those answers. But yes, the... View More

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1 Answer | Asked in Family Law, Domestic Violence, Federal Crimes, White Collar Crime and Criminal Law for Georgia on
Q: I saw pattern organized crime from now ex boyfriend & his dad. They targeted, recruit, drug dealers, White cc/ embezzle

Hx of killing, stealing, play victim social psycho criminal narc. Locked me up as escapgoat, to throw sherriff off them I witness to much. My now ex boyfriend threatened to kill me and his son. I was told my ex boyfriend is reason; his son in prison and my (ex boyfr) threatening to kill his son... View More

James L. Arrasmith
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answered on Jan 21, 2024

I understand that you're in a difficult and potentially dangerous situation involving organized crime and threats. If you have credible information about criminal activities, your safety and the safety of others are of utmost importance.

In cases where someone in prison faces threats,...
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1 Answer | Asked in Family Law for Georgia on
Q: I want to change my name back to my old name. I have the court order, old birth certificate, new id& ss card. am i good?

I have the court order that states my old and new name which states everything else, my original birth certificate with old name, ss card with new name, & out of state issued ID with new name. Is this enough?

James L. Arrasmith
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answered on Jan 21, 2024

It seems like you have all the necessary documents to change your name back to your old name. The court order stating your old and new name, along with your original birth certificate showing your old name, are essential documents for this process. Additionally, having a social security card with... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have not had a hearing in 4 months for a exparte temporary custody order. My lawyer is ignoring me. What to do?

I have not had visitation or contact with my child in 4 months. I’m a school teacher not a criminal. Lawyers keep putting the hearing off. The exparte is illegal and claims aren’t even based on a threat of danger and it’s all lies and manipulation.

T. Augustus Claus
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answered on Jan 19, 2024

If you haven't had a hearing for an ex parte temporary custody order in Georgia in four months, and your lawyer is unresponsive, it's crucial to take several steps. Begin by attempting to communicate with your lawyer, seeking a detailed status update on your case, and expressing your... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I was in Ohio, my wife asked me for divorce. I moved to my home in Georgia. Do I divorce in Ohio or divorce in georgia

Can I go back to Ohio or do I have to wait the six months and do it in Georgia?

T. Augustus Claus
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answered on Jan 18, 2024

When faced with a divorce situation where you and your wife are in different states, the choice of where to file for divorce can depend on residency requirements. Ohio generally requires a residency of at least six months before filing for divorce. If you have not met this residency requirement in... View More

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