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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law, Juvenile Law and Libel & Slander for Georgia on
Q: Is an attorney representing DFCS under oath when she is presenting evidence to the Judge?

My DFCS case worker knowingly gave false information to their attorney to present to the judge to increase punishment for the crimes they are accusing my family of. I have irrefutable proof that they have committed perjury not just this time, but as well as the initial statements made by the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 17, 2020

Yes, any testimony given to a judge in court is presumed under oath with penalty for perjury. It is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to assist you. Contact us whenever you are ready....
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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: What do I do if my daughter’s mother leaves the state before being served and refuses to give me her new location?

I already have the case filed and am awaiting her to be served. However my daughter was dropped off with me in December and her mother mentioned possibly moving after I filed.

Homer P Jordan IV
Homer P Jordan IV answered on Jan 16, 2020

Are you working with an attorney for the divorce? If not, you should really consult with one for advice. Even if she is unable to be found you should still be able to obtain a divorce. Consult with an attorney who can help you with the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Family Law for Georgia on
Q: When does a family law attorney need to return unearned funds in escrow after being fired?

At time of firing there was 3000.00 that hadn't been earned for services yet. She is refusing to refund.

Regina Irene Edwards
Regina Irene Edwards answered on Jan 16, 2020

It is possible that additional work was done after the last invoice. It is also possible that the fee agreement called for a nonrefundable fee or a nonrefundable retainer.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

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2 Answers | Asked in Family Law and Civil Rights for Georgia on
Q: U live in Georgia i can't get id because i don't h a certified birth certificate i cant get that because i can't get va

Id what should i do

Regina Irene Edwards
Regina Irene Edwards answered on Jan 16, 2020

If your question is how to get a birth certificate from another state, this isn't the forum to answer that question. You can search online for how to do that.

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: Can I put cameras inside my house covering the dining room and living room after my wife has asked for a divorce?

We are both on the lease, she has told me she wants me to move out within 60 days. I know she is seeing a coworker but don't have photo/video evidence. I understand bedrooms and bathrooms are off limits. Are common areas open for surveillance without the other family members being aware?

Ellaretha Coleman
Ellaretha Coleman answered on Jan 15, 2020

If there is no present divorce action filed, there is nothing prohibiting you from putting cameras in the home that you also reside in.

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2 Answers | Asked in Family Law for Georgia on
Q: Me and son was arguing I went to grab his shirt but grabbed his throat will I go to jail
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 15, 2020

The answer is, it depends. There are many factors that must be considered. Is your son a minor? Is your son an adult? Did your son call the police? These are only a few of the many questions that must be answered before a definitive answer can be provided. It is best to contact an attorney who can... Read more »

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3 Answers | Asked in Family Law for Georgia on
Q: Can a lawyer help me gain a passport for travel for work if I owe back child support ?
Ellaretha Coleman
Ellaretha Coleman answered on Jan 14, 2020

If you legitimately owe more than $2500 in child support arrears, you will not likely be able to obtain a passport. These type of suspensions are handled directly through the Department of State and their guidelines are very strict.

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3 Answers | Asked in Family Law for Georgia on
Q: My wife goes to church with the judge the preacher I believe is the father if my twins. What can I do

The preacher has twins with his wife that look Just like her twins and I think the judge and CRO is altering the DNA test. I really need help.

I am in jasper Alabama

Ellaretha Coleman
Ellaretha Coleman answered on Jan 14, 2020

If all parties reside in Alabama, you will need an Alabama attorney. You should seek legal counsel to obtain an independent dna test if you believe that the children are not your biological children.

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How can I get back full custody of my son?

My son went to spend a little time with his dad do to hardship that I was going through . Meanwhile I missed legitimation court. How to get back full custody of my son

Ellaretha Coleman
Ellaretha Coleman answered on Jan 14, 2020

If a final order of custody was granted to the father, you will have to show that there has been a material change in circumstances since the entry of that order, which would warrant a change of custody back to you.

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2 Answers | Asked in Family Law for Georgia on
Q: Can I change my child's name? Bio father pays support but is not legitimized
Ellaretha Coleman
Ellaretha Coleman answered on Jan 12, 2020

The biological father will be entitled to notice and can object to the name change if he is paying support.

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2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: What would be the process of grandparents getting custody of teenage grandchildren if the mother fights it?

Father is dead, and they want to be with his parents. Mother is abusive emotionally/mentally and in the past physically. DFCS was called a few years ago, but she got off with a warning. They are 17 and 15, both girls. The oldest turns 18 in May. I understand that the first thing would be to prove... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 12, 2020

There are a number of avenues that you can take to pursue custody. Two of which are a private dependency action or a third party custody action. You should contact a family law firm to discuss which avenue would be best for your specific circumstances.

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2 Answers | Asked in Family Law and Adoption for Georgia on
Q: My daughter wants to be adopted by my husband who has raised her. She's not been legit by her bio. Is adoption possible?

Bio dad pays child support but doesn't check on child or attempt to be a decent dad. My daughter has not been legitimized by her bio father. Is name change or adoption possible?

Ellaretha Coleman
Ellaretha Coleman answered on Jan 11, 2020

A number of factors go into whether or not a step-parent adoption will be granted. I highly recommend that you speak with an experienced family law attorney to discuss the specific facts of your case to determine whether a step-parent adoption would be appropriate in your case.

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3 Answers | Asked in Family Law for Georgia on
Q: They have located the non custodial parent and set a court date but also stated that the ncp was not served.

For child support would that court date be for both parties or just the ncp? What happens if I miss the court date?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 11, 2020

You both need to appear. When you say “they”, are you referring to the court? Are you referring to DHSS?

It is best to contact an attorney who can assist you with your case.

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

I wish you well.

-The...
Read more »

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3 Answers | Asked in Family Law for Georgia on
Q: Will the court allow me to legitimate my biological child if the mother is married to someone else?

I had an affair with a married woman and she became pregnant. She is still with her husband and the child is 1.

Ellaretha Coleman
Ellaretha Coleman answered on Jan 10, 2020

This is a very complicated issue because the husband is presumed to be the legal father of the child. You will need to de-legitimize the husband. You should seek counsel to do this. The longer you wait, and the longer the husband has to build a bonded relationship with this child, the more... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: will DFCS take my kids from me if I drop a tpo?

Its very stressful to not be able to be in contact esp about the kids & also that they cant see him. I am also expecting our third child. Can things be modified in court? I am scared if I drop it thy will take my kids.

Ellaretha Coleman
Ellaretha Coleman answered on Jan 10, 2020

You can ask that the tpo be modified to allow contact with the children and to limit your contact to only issues involving the children. Whether DFCS has a reason to take the children will depend on the specific facts of your case.

1 Answer | Asked in Family Law for Georgia on
Q: Currently have temp guardianship of granddaughter. mother lives in Oregon, father here in Ga. We have had her for 2 year

What are the chances of getting permanent guardianship?

Ellaretha Coleman
Ellaretha Coleman answered on Jan 10, 2020

We would need more facts regarding the circumstances which lead to the guardianship to give an accurate answer. If you are looking to weigh your options for permanent guardianship, you should consult with a family law firm and have them review your current orders and the facts of your case.

2 Answers | Asked in Adoption and Family Law for Georgia on
Q: Can adoption be reversed by any chance in Georgia if one of the parties involved are not biding by the contract

The adoption through an adoption agency

Homer P Jordan IV
Homer P Jordan IV answered on Jan 10, 2020

You should consult with an attorney who can review the terms of the contract and present you with the options. Without knowing the facts of the case in detail it would be difficult to provide guidance. -Homer P. Jordan IV, Esq. 404-620-1558

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4 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: in the state of georgia can the mother leave the state with my child if he's not legitimize and we have an open case

I've been trying to serve the mother of my child to legitimize him & she has been dodging me, not providing certain info like what daycare he was going to or address. Now she tells me that she is in Texas, still with no address, while I'm still payment child support & trying to serve her. Can she... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 10, 2020

If she hasn't been served, she legally is allowed to move. You probably need to hire a private investigator to find her and serve her.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

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1 Answer | Asked in Adoption and Family Law for Georgia on
Q: If I was adopted by my step mother and she was put as my mother on my birth certificate can I change it?

My birth mother signed over all her rights and my step mother married my father and adopted me. I am over 18 now and I want to get my step mothers name off my birth certificate. Am I able to put my birth mother back on it? If so how?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

If I understand you correctly, your birth mother’s rights have been terminated. That being said, birth certificates are governed by the office of Vital Statistics/Records. You cannot have your parents' names removed from your birth certificate; it's a vital record and deemed a historical record.... Read more »

3 Answers | Asked in Family Law for Georgia on
Q: I filed a motion to modify a protective order in GA The judge granted my wishes but says there is another form I need?

What is the other form I need to file other than the motion to modify?

Ellaretha Coleman
Ellaretha Coleman answered on Jan 9, 2020

Without knowing exactly what you filed and what has been put in the record, we are unable to answer that question.

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