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Georgia Family Law Questions & Answers
2 Answers | Asked in Family Law for Georgia on
Q: If me and my mate signed a marriage contract containing our vows and had a witness sign also does that make us married?

My mate and I are on complete lock down at our apartment complex and we have been together eight months and friends a year prior to that. We live in an apartment complex for the mentally ill. We cannot get a marriage license right now but plan to later. Question: does the marriage contract makes us... Read more »

V. Joy Edwards
V. Joy Edwards answered on Jul 7, 2020

No. It does not.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: I am 17 I want to live in a stable home with my bf’s parents My abusive dad doesn’t agree am I allowed to leave?

They live out of state and both have very good jobs and a well taken care of family and they have room for me and have asked me to join them

Regina Irene Edwards
Regina Irene Edwards answered on Jul 7, 2020

Your boyfriend's parents need to contact an attorney to help you.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Will the family I am staying with get in trouble?

My mom left me at home for almost 6 months by myself and I went to school for the rest of the school year until the COVID broke out. She gave me permission to stay at my friends house for the rest of summer until I was ready to go with her to Florida where she was at. I asked her permission to go... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 6, 2020

I’m sorry you are going through this. Until you are 18, your parent calls the shots on where you live. Perhaps you can try speaking with her again about this in a calm manner, since you are three months from being 18. But if she doesn’t agree to it, then you have to go with her until you are... Read more »

3 Answers | Asked in Family Law for Georgia on
Q: My son lives in Utah and has a Final Visitation Order in place from GA. It states his daughter can travel to UT from GA

when she turns age 6, which will be this July. Mother is denying travel/visitation to UT due to Coronavirus. Can she do this?

Mike Branum
Mike Branum answered on Jul 6, 2020

I agree with Mr. Wood. I would also consider the additional complications which the panic over corona has created. I have not had to worry about unaccompanied minor air travel for a few years now. I have zero idea how the current situation has changed airline policies regarding UMs. The changes to... Read more »

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2 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Can you put a 17 year old on the news?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 3, 2020

More information is needed before an answer can be provided. Please consider resubmitting your question with more details, and we will do our best to assist you.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Adoption and Family Law for Georgia on
Q: My brother has two kids that were adopted when they were around 10 to12 years old. By their stepfather and their mother.

He went into the hospital. Got sick and they called on the phone and told them they were the biological children. He wanted me to be over his medical.The hospital said they have authority of him. That what he wants is irrelevant. Is this true .he has a trach, is on vent,and they are transferring... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 2, 2020

It is unfortunate to hear about your brother’s illness. The answer to your question depends on whether his rights as a parent were terminated and the children were officially (legally) adopted by the stepfather. It is best to contact an attorney who can assist you with the specifics of your... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Recently my son tried to kill himself, and his dad who has custody, did not tell me he was in the hospital. Legal?
V. Joy Edwards
V. Joy Edwards answered on Jul 2, 2020

It depends? Do you have joint legal custody? How did you find out? There are a lot of factors to consider. We would be happy to discuss the situation with you. It may be appropriate to file a modification of a contempt. Feel free to contact us at 770-723-7211 and we can schedule an appointment to... Read more »

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3 Answers | Asked in Family Law for Georgia on
Q: Can I restrict fathers visitation from being at his house? Baby- 2months old.

Have not picked a lawyer yet. We will have to do paternity test and so forth, baby is out of wedlock. Father is verbally and financially abusive, gives no support and has no education on infants or connection to her. I want to file for child support. If he has visitations can I restrict it from... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 1, 2020

Since the father has not legitimated, he has no visitation rights at this point. It is best to contact an attorney as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Health Care Law for Georgia on
Q: In Georgia, can a transgender minor receive hormone replacement therapy with consent from only one adult?

The parents are divorced and have joint custody. They did not go to court; they had an agreement with their own individual lawyers and counsellors. Mom has overall medical decision but would have to pursue through the courts.

Mom supports the decision, the father does not.

Homer P Jordan IV
Homer P Jordan IV answered on Jun 29, 2020

Have you discuss the issue with the other parent? You may want to do that and see where that parent stands on the issue. Beyond that you may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Criminal Law, Family Law and Legal Malpractice for Georgia on
Q: Can a Superior Court Judge dismiss a Petition because of what he sees as a technical issue, and not rule on the merits ?

I submitted a Petition pro se for my incapacitated son, I am legal guardian/POA/mother. The judge dismissed the Petition because I "am not a lawyer" although I submitted case law/GA Statute to show I was allowed to do so in exceptional cases such as ours. He did not read the Petition,... Read more »

V. Joy Edwards
V. Joy Edwards answered on Jun 27, 2020

Hmmm . . . It depends. I would need more details to be able to respond. Feel free to contact us to schedule a consultation.

The Edwards Law Group

770-723-7211

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: If someone doesn't show up to court is it always a default judgement

I'm trying to see if I need to file an appeal or a notice to set aside default judgment. Court summons was sent to an old address and on court papers it says mail returned

V. Joy Edwards
V. Joy Edwards answered on Jun 27, 2020

It sounds like service was not perfected so the case should not have gone forward. You need to speak with an attorney to be sure what your rights are. Give us a call. We would be happy to help.

The Edwards Law Group

770-723-7211

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1 Answer | Asked in Family Law for Georgia on
Q: How do I amend my birth certificate when both of my parents are deceased but have documents supporting name from 1972 a

And beyond, my dad passed before we could get it done

Homer P Jordan IV
Homer P Jordan IV answered on Jun 25, 2020

What do you want to amend on the birth certificate? You may want to contact the records department in the county you were born in and go from there. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: I can't afford a lawyer and I'm fighting a false TPO. How can I best prepare myself? Are audio recordings admissible?

I am pregnant with the petitioner's child and the petitioner claims I am stalking him and that it is not possible that i'm the mother of his child. He is also trying to establish a pattern of violence via two isolated incidents when I was emotional and anxious.

V. Joy Edwards
V. Joy Edwards answered on Jun 24, 2020

I am so sorry to hear about your situation. It sounds like you have quite a lot going on in your life right now. It also sounds like you have some exposure to the TPO actually being granted. Many times as attorneys we are able to negotiate and get non-traditional solutions for clients. I would... Read more »

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2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Probate for Georgia on
Q: Protection order placed on me by niece after my mom's death. No will and they were taking everything inheritance theft

They drained her accounts they still have her furnishings I posted a protective order on my Facebook page which they were blocked from and I was arrested for stalking is this legal

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 24, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assess the details of your circumstances and provide you with a tailored response.

We are glad to assist you. Contact us whenever you are ready.

We wish you well....
Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: Daughter separated from husband she lives in GA, he lives in Fla. They have a son. He took the child to fla? Help

He said he filed for custody (this just happened june 17) and is refusing to bring him back. He will not even tell her where her son is, and he living with his new girlfriend. My daughter and him are not divorced.

Homer P Jordan IV
Homer P Jordan IV answered on Jun 22, 2020

She should hire an attorney right away so that she can file for divorce and seek an emergency hearing. The sooner this is done, the better. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Family Law for Georgia on
Q: Can a stepfather kick out a 17 yr old following an argument?
Homer P Jordan IV
Homer P Jordan IV answered on Jun 22, 2020

No, she is still a minor. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: What motion do you file to change the jurisdiction of a custody case?

My husband's ex moved his child to South Carolina from Georgia 6 months ago. The original order was filed in Georgia. He wants to modify visitation but isn't sure if or how to transfer the jurisdiction of the case to South Carolina. What is the motion called that he'd have to file to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 22, 2020

The case must be filed in Georgia. Georgia is the only state that has jurisdiction over the case. A Georgia judge may have the option to terminate its own jurisdiction and allow a case to be filed in South Carolina, but that is unlikely after only 6 months.

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2 Answers | Asked in Family Law for Georgia on
Q: Daughter separated from husband she lives in GA, he lives in Fla. They have a son. He took the child to fla? Help

He said he filed for custody (this just happened june 17) and is refusing to bring him back. He will not even tell her where her son is, and he living with his new girlfriend. My daughter and him are not divorced. She has been in ga with the son for 8 months

Regina Irene Edwards
Regina Irene Edwards answered on Jun 22, 2020

She needs to file for divorce in Georgia immediately and ask for an emergency hearing.

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2 Answers | Asked in Family Law for Georgia on
Q: Can a step father kick a 17 yr old out of the house in Georgia?

The mother, step-father and 17 yr old got into an argument over child not cleaning his room. Step father told him to get the f... out.

Regina Irene Edwards
Regina Irene Edwards answered on Jun 20, 2020

No.

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1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: Is it legal in the state of georgia for a 17 year old and a 24 year old to have a friendship?
Homer P Jordan IV
Homer P Jordan IV answered on Jun 16, 2020

How do your parents feel about it, considering you are a minor? There is more information that would be needed for us to provide guidance on this question. -Homer P. Jordan IV, Esq. 404-620-1558

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