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Georgia Family Law Questions & Answers
3 Answers | Asked in Family Law for Georgia on
Q: How do i get my daughters last name changed from her fathers to mine?

My daughter has her fathers last name. She’s 6 months old and he hasn’t been involved since she was around 3 weeks old. I went to the Probate court office in my city and they told me that me and him would have to both sign since he’s on her birth certificate but he won’t sign even though... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Apr 11, 2021

You can file a name change if you wish. He will have be notified and he chance to object.

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3 Answers | Asked in Family Law for Georgia on
Q: Can my marriage be annulled based on numerous lies my current spouse told me regarding his financial status?

Lies he told me prior to our marriage: He has 2 biological minor children (not by me) and he does not pay child support. He does not make the income he told me he made. His credit score is below 500 and he lied about that. Without my knowledge, he recently paid his personal bills with my credit... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 6, 2021

Doubtful - most likely. In sum, you just married a liar. Very sorry. Seek counsel to confirm my response in light of your specific situation.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What do I need to do to end temporary guardianship and get my child back?
Homer P Jordan IV
Homer P Jordan IV answered on Apr 5, 2021

You can take the step to terminate the temporary guardianship. An attorney can help you with this process.

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: I want to contest an adoption. I have been looking for representation for a long time.

What are the parameters of informed decision for placing an infant for adoption in the state of Georgia?

ie. I was never informed that the P.A.C.A. did not have to be included in the finalization paperwork. Or that 60 days after the TPR paperwork was signed I could make an appeal to annul... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Apr 5, 2021

You should consult with an adoption attorney who can review the facts of your case in detail and present you with any options that you have (if any at this point). That would be the best place to start.

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: If I'm ready to have my child back but the guardian doesn't agree, what will happen?
Michael D. Birchmore
Michael D. Birchmore answered on Apr 5, 2021

You have asked about this issue many times in different ways. Honestly? The best thing you can do to help yourself is to meet with a family law attorney. In that meeting, the attorney can ask you questions which will present your overall situation and allow the attorney to present an overall... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If the grandparents have temporary guardianship of my child, can they keep me from seeing/spending time with my child?
V. Joy Edwards
V. Joy Edwards answered on Apr 3, 2021

They may be able to if the guardianship paperwork does not make provisions for you to spend time with the child. Oftentimes, the guardianship gives the guardian full control over the child. It’s likely that you will have to file with the court to amend the guardianship to grant you parenting... Read more »

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1 Answer | Asked in Adoption and Family Law for Georgia on
Q: What are the parameters of an informed decision for placing an infant for adoption in the state of Georgia?

ie. I was never informed that the P.A.C.A. did not have to be included in the finalization paperwork. Or that 60 days after the TPR paperwork was signed I could make an appeal to annul the adoption even after the revocation period (If I’m not mistaking). What is considered coercion?

Homer P Jordan IV
Homer P Jordan IV answered on Apr 2, 2021

It would be wise for you to consult with an attorney who can review the facts of your case in detail and present you with the options. It’s difficult to provide you with guidance off of the information provided here.

1 Answer | Asked in Family Law for Georgia on
Q: I have POA for my 90 year old husband who had many strokes. Can I put him in a nursing home without interference?

We’ve been married since 1994. We have no children together but he does. I’m his 3rd wife. Can anyone stop me? He does get a retirement check an SS check total is $4840.00. The nursing home would take $2500. We set up a QIT account so he could use Medicaid. We have no savings at all.

Homer P Jordan IV
Homer P Jordan IV answered on Apr 2, 2021

Going by what you have provided it sounds like you could, but you may want to consult with an attorney who can review the facts in detail and provide you guidance.

2 Answers | Asked in Family Law for Georgia on
Q: Is it illegal to kick your 12 & 17 yr old adopted sons out for 3 days now ..no food no clothes shower or epi pen

I am biological mom and kept contact since they had been taken and they have endure mental and physical abuse I report it but no help..she even says if I pay the 5000.00 to her she will sign them over and it's against the law. She kicked them out for eating food and she has done this many... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 30, 2021

Quite a lot of things going on here. You probably ought to let DFCS know everything you know. They would pick up the case or not.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How likely is it that my bestfriend could get custody of his daughter, if need be?

My bestfriend left his child's mother 3 months ago, and she's threatening him saying that if he doesn't act right in this next month, her and their daughter won't be a part of his life. He has a stable job as a store manager, spends time with his daughter, isn't abusive or... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 29, 2021

Wow. That sounds like a tough position for your friend. If he is taking an active role in his child’s life, it is likely that the court will consider giving him parenting time reflective of his involvement.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: In the state of Georgia can my ex withhold visitation from me if I'm in violation of a clause in the parenting plan?

There is a temporary order with each of us having 50/. Custody with one week on one week off. He is not allowing me to see my son because I recently lost my home and I'm having to stay in a hotel. This is a 3 star extended stay hotel and very safe. The parenting plan states that he cannot be... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 29, 2021

It would be wise to have an attorney review the facts of the case in detail and present you with the options. If he is violating the parenting plan than he may be in contempt. If your parenting plan states no hotels except for vacation then you may be violating it. You should have an attorney... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can my ex withhold temporary court ordered child visitation if I am in violation of one clause in the parenting plan?

We currently have 50/50 custody until we had to go for the final hearing. He has final say if an agreement can't be met.

V. Joy Edwards
V. Joy Edwards answered on Mar 28, 2021

The short answer is only the Judge can change the terms of the parenting plan. However, if there are concerns with the children being in an unsafe situation, the Court may excuse the other party’s failure to follow the parenting plan. It’s difficult to say without knowing the complete... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: Can my ex-wife file a Petition for the name change of our two children without notice or personal service upon me?

While doing some research on an Aggravated Stalking and Harassing Communications against her I ran across court records that show she filed a Petition for name change and instead of listing me as their natural father she put down "ex parte" as a defendant. I tried to e-file Objections but... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 28, 2021

No you are not correct. The court is under no obligation to pay attention to a letter. You must file a verified pleading.

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3 Answers | Asked in Family Law for Georgia on
Q: We have had permanent guardianship for our 9 year old grandson since he was 2 years old. 7 years, our daughter has asked

Court to give her custody back, when we go to court, what can we expect

Ellaretha Coleman
Ellaretha Coleman answered on Mar 25, 2021

I strongly suggest you speak with an attorney to discuss your options before going to court unrepresented. Especially if it is your goal to maintain guardianship of your grandchild.

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3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I am Pro Se and would like a continuance to withdrawal from the final hearing via zoom. I want an in-person hearing.

How do I make this request being Pro Se?

Regina Irene Edwards
Regina Irene Edwards answered on Mar 17, 2021

This may not be possible. Zoom hearings are standard because of the pandemic. Judges are required to hold via zoom absent an emergency.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: In Douglas county can you file a Modification of custody and contempt at the same time?

The Final order was 01/2020. The parent with primary physical custody has refused to follow the Parenting Plan and has not allowed the minor child to visit the non custodial parent.

Regina Irene Edwards
Regina Irene Edwards answered on Mar 15, 2021

Yes, both can be filed at the same time.

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3 Answers | Asked in Family Law for Georgia on
Q: I had 4 children out of wedlock, about 6 years ago their father and I separated. How can I get their passports ?

I filed for child support but the they were unable to find him as well, so the case was closed. How do I apply for their passports when they require both parents present?

Regina Irene Edwards
Regina Irene Edwards answered on Mar 15, 2021

You can apply to a court for sole legal custody in order to get the passports.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I'm in GA, there is a court ordered visitation schedule where I am doused to see my children every other Friday through

Monday, and every weds after school until the following morning. My ex spouse has kept the children from me since 8Aug2019. She even went as far as changing both her phone # and that of the kids. The last time I followed the order, and went to pick the kids up, I was arrested for criminal trespass.... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2021

You need to file a contempt of the current order as soon as possible. The court can even award make up time for the visitation that you have missed.

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3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: I want to know how I can get a protective order against my husband in the future if i want to leave him?

He has had a previous DV arrest in the past. If i tell him i am leaving the home with my child before i file a divorce - what can i do to make sure he does not retaliate - if he is verbally abusive not physically. I have proof of his past arrest though his record was expunged. Also proof he made a... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 15, 2021

Wow! There is quite a bit going on. You may be able to get a protective order if you believe he is a threat to you but the court usually looks for recent acts, in addition to past acts of violence. So it would depend on how far out the last instances of abuse were. The protective order would have... Read more »

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2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Federal Crimes for Georgia on
Q: If it was discovered that a 17 year old had been living alone for the past 12 years what would normally happen?
Michael D. Birchmore
Michael D. Birchmore answered on Mar 12, 2021

Unfortunately, you have not provided near enough information or context for us to provide a specific response. Generally, a child is a child until the age of 18. Until the child reached the age of eighteen OR is otherwise emancipated, he or she should be living with the parents or another person... Read more »

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