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Georgia Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Collections for Georgia on
Q: My 20 year old autistic daughter was with a adult female that stole something and my daughter was charged as well .

I explained to public defender but she was charged and given probation and fine. She is mentally disabled so she can’t pay. What can I do? I’m a single mom with a 15 year old daughter as well. I don’t have $3000 laying around.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

You could pay the fine yourself to end the matter.

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What is the legal definition of "extra curricular activities "?
Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 29, 2022

Examples of extracurricular activities are piano lessons, sports, choir, band, etc.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Can my spouse drop me from his insurance? I have Stage IV breast cancer & he threatens to if I don’t do what he demands.

I need to know if he Can do this because I’m in treatment & he has done this ever since we found out about the reoccurrence in my bones last holiday season. I’ve been back in treatment since then & this is constant. I can’t argue with him in case he actually does this. Thanks

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 25, 2022

The court cannot interfere in a marriage unless someone files for divorce or separation. So, he can take you off his insurance. The fact that he had threatened to do that while you are battling this illness probably tells you what should happen next. You should speak to an attorney immediately... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Can my spouse throw away my things while “cleaning” the bedroom or garage?

No one has filed for divorce yet and we have no children.

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 25, 2022

Yes. Courts don't interfere in marriages unless a divorce or separation case has been filed.

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Is child support still warranted if there is joint physical custody with a 60/40 split? If so, who pays?

My ex husband and I have had joint custody of my daughter since we divorced 7 years ago. However, I have had primary custody of her legally. My daughter has expressed interest in living with her dad during the week, which is fine, as long as I still have my time with her. I have always had her... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

Child support will be recalculated based on income and other factors. I can't say whether you will or will not owe child support.

1 Answer | Asked in Family Law and Adoption for Georgia on
Q: How does my husband go about adopting my daughter?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

I'm assuming your husband is your daughter's step-father. The biological and legal father's parental rights must be terminated as part of an adoption. These are very complicated matters that require representation by an attorney.

1 Answer | Asked in Family Law for Georgia on
Q: How can I apply for family kinship placement of a grandchild in foster care?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

You would contact the local county office caseworker or supervisor of DFCS who placed the child in foster care.

1 Answer | Asked in Family Law for Georgia on
Q: In a domestic relations standing order, it is signed by 5 judges but no file number and I wasn’t even aware of the paper

It’s stapled to a contempt of court filing for visitation . The petitioner is the other grandparent and the joint custody order is not even with her but her son. How is it that there is a domestic relations standing order that I never was made aware of?

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 19, 2022

A standing order means that it applies to all cases filed in that county. If it was stapled to the petition, that means you are being made aware of it. It applies from the date you were served.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: What can I do about my husband legally being named the father on the birth certificate and a child's last name changed?

My daughter's biological father who has never been in her life passed away. She's never met him been around him for been involved with him ever. My husband has taking care of her since before she was even born. I would like for the biological's name to be removed and my... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 15, 2022

Your husband can apply to adopt your child.

1 Answer | Asked in Family Law for Georgia on
Q: In the State of Georgia, what jurisdiction does the family court have over dependent adults?

Child turning 18 yrs. of age and still in High School.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 15, 2022

None regarding parenting time. Child support and expenses until the end date.

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: My Ex (NCP) has not paid child support in 60 days. Do i need a lawyer to file contempt of court?

I no longer have a lawyer ( he lost his license). I cant afford another lawyer for the $293 monthly child support payments he makes.

Naja Burroughs
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Naja Burroughs
answered on Sep 12, 2022

Whether you "need" a lawyer to file a contempt action is a matter of opinion and likely depends on the facts of your case. You do not have to have a lawyer to file a contempt action, however. Cobb County Superior Court's web page has a link to Forms that a pro se litigant (a person... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Can and opposing attorney bring up reasons not listed in a petition for custody hearing?

If a petitioner says their reasoning is for a specific thing, can they bring up other evidence not listed in their petition during a hearing.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 12, 2022

Yes, they can bring up anything that is related to the best interest of the child.

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1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Georgia on
Q: What if the victim doesn't want a protective order ior if yall married with kids
Joshua Schiffer
Joshua Schiffer
answered on Sep 4, 2022

Lots to unpack there. It "all depends" on the situation and facts, as a TPO is different from a criminal charge and the bond from a criminal charge operates differently than a TPO.

Marriage adds more complications and a step back to gather your thoughts and get some guidance from...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Am I allowed to have my son miss a supervised visit with dad for family vacations?

I currently have joint legal custody with my baby's father, and sole physical custody of my son. I am going on vacation to see my family which we do once a year so that we can all be together. My son's supervised visits are always supervised on public by someone that both parents chose,... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 2, 2022

You will need to follow the terms of the court order.

As an alternative, you may propose another day as a makeup, or agree to make the visit on the trip virtual and a makeup visitation. Any agreement should be in writing.

Otherwise, your visitation schedule may need to be revised.

1 Answer | Asked in Copyright, Employment Law and Family Law for Georgia on
Q: Hello Lawyers: I want to know, can I sue French Montana and Coke Boys Record?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 29, 2022

A person can file any lawsuit they want against whoever they want. However, whether that lawsuit is successful and warrants merit is another matter. Further, filing frivolous lawsuits can result in severe sanctions. Thus, consult an attorney before you file any type of lawsuit.

1 Answer | Asked in Family Law for Georgia on
Q: My father died intestate in 2006, him not having a Will we assumed everything belonged to my Mom She passed away Aug ’20

The Deed to the property is in both their names Howard”And" Shirley how do I need to have this probated. Do I need to hire an Attorney?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Aug 25, 2022

Yes, you should definitely hire an attorney.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Father has just as much right to son, but.mother is hiding him from her. The law will not get involved it has been 3 bef

Friend if.mine.shares custody with child . Mother refuses.to retun child and wi not tell him where his son is

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

If there is a valid, final or temporary custody order, or the equivalent of a valid, final or temporary custody order included within a divorce decree, and said order gives the father joint custodial rights or visitation rights, then the father should file a motion for contempt to enforce the order.

1 Answer | Asked in Family Law for Georgia on
Q: Can my unlegitimized baby's father use that I'm not replying to him against me in court later?

My baby's father is not legitimized. He has been harassing me everyday since I left him. I stopped texting him back a week ago. My baby is two months old. He says one minute he don't want anything to do with her multiple times then the next he wants to see her all on text. My parents are... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 23, 2022

If the baby's father is not legitimized he has no custodial rights. However, once legitimized, a court may later hold it against you for restricting contact between the child and the father. Albeit, 400 messages seems excessive.

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: My ex-wife told the court that she was going to move farther away from where she was living.

I did not get joint custody but visitation. I wanted joint custody but it was not feasible. She never moved. I pay a good amount in child support and I was paying part of day care. As of a year ago I pay the same amount to her even though he no longer is in daycare. I make about $200 dollars... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Aug 22, 2022

You need a modification of custody in child support. Even though you mentioned you do not have a lot of money for the case, a reasonable budget for an hourly attorneys is at least $10,000 - $15,000 for this type of case.

1 Answer | Asked in Family Law, Domestic Violence and Military Law for Georgia on
Q: I called the police on my boyfriend out of fear of what he would do to me and my daughter. now I don’t want him in jail

He may get 3-5 years but I only wanted space. Can I write an affidavit to keep him out of jail. They said the state is prosecuting him. Can his ptsd from the military help him?

Joshua Schiffer
Joshua Schiffer
answered on Aug 22, 2022

You are facing a super hard issue and the world is not very understanding.

The main issue is that no one should be in fear, especially children, at home. And a call to police is undeniable that you were scared, so the state is going to take a position that the call was valid and therefore...
Read more »

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