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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How to contest Legitimation against my children's biological father?

My children's dad all of a sudden wants legal rights, my boys are 3 and 6. He has not been consistent with being there for them, making a bond or providing financially. It baffles me as to why he wants to proceed with this case other than to hurt us emotionally and mentally, and continue to be... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 2, 2023

Your kids are of such a young age that you may not be able to stop the court from allowing the father to legitimize. If he petitions the court for legitimation and asks for visitation, I would hire an attorney.

2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Feb 1, 2023

The court order does not go away just because a child support payee closes a case with child support enforcement. The order is still valid and most likely the case can be reopened.

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2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 1, 2023

The mother can continue to seek child support over and over until the child no longer qualifies for support, according to the law. Closing a child support case does not mean you cannot later open another case or file in superior court for child support. She never loses her right as the custodial... Read more »

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: my husband child support case close now reopened without his knowledge now he is penalized

the case was supposed to be closed because the order states but the mother went back and had it reopend because the kids are in their last year of school the children are both 18 he was not notified and his employer was not informed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

Simply because a case is closed does not mean it cannot be reopened. In the state of GA child support should be paid until the children turn 18 and have graduated from high school, that is, if it is a GA child support order. If the order was signed in another state, then the non-custodial parent... Read more »

1 Answer | Asked in Adoption, Family Law and Child Support for Georgia on
Q: How do I get the father rights taken? What are the main reasons a judge will take a fathers rights?

I have full custody. My divorce decree states that he must pay child support and supervised visitations

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

There is not enough information here for me to respond as to whether the father's parental rights can be terminated. You could file for child abandonment, based on what you have written, if he has not paid child support or seen the child. But I'm not sure if what you have written would... Read more »

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: In Georgia can the Attorney for Child Support Recovery deny the CP from going before the judge if the CP requests it?

Refiled with Child Support 6/2022...after 5 years of non payment... NCP went into office 11/2022 after multiple attempts to serve at residence and paid 2k and sign continuance for court 1/25/23. NCP did not make any 12/2022 or 1/2023 payment. At the time of this court date NCP has new job of 3... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

The attorney for the state represents the child, not the mother. If you did not get an opportunity to speak in Court, the attorney for the state must have thought your testimony wasn't necessary. If you don't like how child support enforcement is seeking to obtain arrears, hire a... Read more »

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What proof do I need to show I have 2 other children I’m obligated to?

I also receive ebt as well as Medicaid for myself and my son as I am low income. How will this affect my ability to pay child support to another child with a different father other than the two I have now.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

Child support is based on your gross monthly income. If you are unemployed, the court will impute minimum wage and use that as your gross monthly income. Being low income doesn't affect your ability to pay child support, nor does having additional biological children whom you support. Those... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Title 15 - COURTS Chapter 11 - JUVENILE CODE Article 3 - DEPENDENCY PROCEEDINGS Part 1 - GENERAL PROVISIONS

How do I start the process of getting to see my son and start the legal proceedings to obtain custody help.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

It is unclear from your question whether you are the mother or father of the child. If you are the mother, if your child was taken from your custody, you should have a hearing, in order for the state to provide you with the reasons why they feel the child should have been removed from your home.... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Sister in law claims we have a dcfs case but we havent seen a case worker or judge. Can we go get out children from her

Sister in law refuses to give us our children back claims dcfs gave her custody but we havent had a court hearing or a case worker

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you have not seen any paperwork that provides your sister in law with temporary custody or guardianship, her refusal to produce your children could be considered kidnapping. I would advise you to contact the juvenile court and see if there is a case involving your minor children. I would also... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My 16-year-old daughter wants to be adopted by her stepdad (my husband)

My 16-year-old daughter wants to be adopted by her stepdad (my husband). Her birth father has not paid child support since early 2020, has not seen her since mid-2020 (June or July) and has not contacted her since end of 2020 (December). I have attempted to contact him with no luck in getting... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

You can contact the father to see if he will sign paperwork to consent to the adoption. You can also file to terminate his parental rights so the child can be adopted. I would seek an attorney who can assist you, as there are some who dedicate a part of their practice to the field of adoption.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can they terminate my rights to my children if the father has chosen to do drugs?

They have been in foster care for 18 months and talking about termination because their father is on drugs. But I have everything that was required in order for my kids to come home.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you are still living with the father after 18 months of your children being in foster care, the Court has likely determined that the children can't be released back into your home, if the father is not sober. There appear to be some details that have been left out if the Court is... Read more »

1 Answer | Asked in Divorce, Family Law, Child Support and Military Law for Georgia on
Q: What documents do I need to file for garnishment for child support through the N/C VA disability compensation in GA?

Our divorce decree states that I can garnish him if he’s one month behind. But now he’s gotten almost 18k behind through child support enforcement within the last 6 years of divorcing. Before I file these documents with the courts, should I close my child support enforcement case or should I... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

I would advise you to hire a private attorney who can file an action for contempt for the total amount of the arrears. In that case your attorney can see the arrears as well as attorney's fees, so that the Court may award you the cost of your attorney in your judgment. Once the case is... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Plaintiff filed a motion of contempt saying I’m not complying with a parenting plan. Counterclaim has been filed. No res

Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jan 20, 2023

You can't file a counterclaim in a contempt case. Having a case dismissed isn't as good as having a hearing and the Court finding you are not in contempt. Speak to an attorney about your options.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Plaintiff filed a motion of contempt saying I’m not complying with a parenting plan. Counterclaim has been filed. No res

Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

It's likely that a Motion to Dismiss will be denied. The Court is going to set a trial for the Plaintiff's contempt motion to be heard. I would focus on preparing for that hearing so that you can respond to the evidence and testimony. I would also advise you to hire an attorney prior... Read more »

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is it legal for my wife of 15 years to take our camper we live in with my belongings and leave me homeless
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 12, 2023

Is it legal? It is not illegal for a spouse to use what could be construed as marital property. We lack the facts here to determine whether it is logical or reasonable for the wife to believe she was authorized to do so.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is it legal for my wife of 15 years to take our camper we live in with my belongings and leave me homeless
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

If neither of you have filed for divorce and been awarded certain property on a temporary basis, then each of you have access to the camper and can use it as you see fit. Only by filing for divorce and asking to be awarded the camper on a temporary basis, can the court award you with exclusive use... Read more »

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2 Answers | Asked in Divorce, Family Law and Civil Litigation for Georgia on
Q: can my wife leave me to live somewhere else and come take our camper we lived in next day while I’m gone all my stuff

We were married 15 yrs. Lived in the camper last 4 yrs. Took camper when I was not present with all my belongings in it left me homeless

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jan 12, 2023

Yes she is allowed to leave you. If the camper is marital property l, it belongs to both you so she can use it. She should not sell it or any if your belongings. You can file for divorce and ask for the property to be divided.

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1 Answer | Asked in Family Law for Georgia on
Q: Can I get lawyer fees paid for by the other party if I win the case?

It is a domestics relation case. I have current litigation going on in California. And would like the other party to pay for my lawyer fees since she opened up a new case in her new home state.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jan 11, 2023

That is up to the judge, but possibly.

2 Answers | Asked in Family Law for Georgia on
Q: My ex wife who lives in Georgia opened up a civil action case against me. Myself and 3 children live in California.

We have a set hearing February 13th but have an open litigation case in California about child custody and UCCJEA. The children have been living with me since MAY 2021. I have multiple court orders from 3 different states that can prove this. What documents do I use to properly file in the Superior... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jan 11, 2023

You need to get an attorney to help you defend the case in Georgia.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: DFCS caseworker became friends with mother of my child and went to lunch during active investigation. Is that legal?

During an investigation, the case worker was not helpful to me at all. Come to find out, she befriended the mother of my child and was having lunch dates with her during an active investigation. Is that legal? If it’s not illegal, is it at least a conflict of interest? Is there a possible lawsuit... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 11, 2023

These questions and concerns should be addressed to your attorney. Based upon what you have stated, from my experience I do not see a conflict. Could they have discussed the case at lunch? Certainly. Why do you believe that the caseworker is now biased against you? Again, speak with your... Read more »

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