Georgia Questions & Answers

Q: It’s not my weekend. Yet the child is dropped off at my moms house. I have nobody to watch her tomorrow. Her moms mia

1 Answer | Asked in Child Custody for Georgia on
Answered on Dec 15, 2018
Regina Irene Edwards' answer
You're a parent. Figure it out. Take off work or hire a babysitter. Then talk to an attorney about filing for custody if this is a recurring issue.

Q: My dad passed away without a will and I'm The Only Living child. I am on disability and I am mentally challenged.

1 Answer | Asked in Probate for Georgia on
Answered on Dec 14, 2018
Robert W. Hughes Jr.'s answer
YES. This needs to be dealt with appropriately before you give away your rights to your father's land. Please contact an attorney specializing in probate work before it is too late.

Q: what form do i use to petition the juvenile court for a hearing to dismiss a temporary custody order?

1 Answer | Asked in Child Custody and Juvenile Law for Georgia on
Answered on Dec 14, 2018
P. Justin Thrailkill's answer
There isn't a form. Attorney's and pro se litigants are expected to draft their own pleadings. If you don't know how to do that, you should retain counsel that does.

Q: Georgia Law question: if a restraining order is obtained for a minor against someone (no third party contact included),

1 Answer | Asked in Juvenile Law for Georgia on
Answered on Dec 14, 2018
P. Justin Thrailkill's answer
Your fact pattern is confusing. By "served person" are you meaning the protected party? Is the protected party an adult? You need to sit down with counsel for a consultation and explain this situation in more detail.

Q: Proven sobriety. 8 months. Worked with counselor. When should they come home? I violeted a court order let dad see them

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Dec 13, 2018
P. Justin Thrailkill's answer
This sounds like it has less to do with your sobriety than it does about your ability to follow court orders. Talk to counsel about where you need to go from here to defend this.

Q: Hey u have a couple questions about my dfc case ?

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Dec 13, 2018
P. Justin Thrailkill's answer
I don't, but it sounds like you do. I'd encourage you to speak with counsel about your questions.

Q: If I have a DNA test proving my son is mine, and I’m legitimized how do I go about getting custody to my son?

1 Answer | Asked in Child Custody for Georgia on
Answered on Dec 13, 2018
P. Justin Thrailkill's answer
Custody will be addressed inside of the legitimation action. A positive DNA test alone is not enough to legitimize you. You still need to file a legitimation action and ask the Court to award you custody and visitation and to address support.

Q: Do I have to have a lawyer to terminate child support when my child turns 18? She dropped out of school. I am the NCP.

2 Answers | Asked in Child Support for Georgia on
Answered on Dec 13, 2018
Regina Irene Edwards' answer
You need to bring your order to an attorney to discuss. If your child is 18 and no longer in school, generally child support is not still owed, but that depends on what the child support paperwork says.

Q: Can I get justice for being groomed

1 Answer | Asked in Federal Crimes, Internet Law, Juvenile Law and Sexual Harassment for Georgia on
Answered on Dec 12, 2018
P. Justin Thrailkill's answer
Report this to the police and let them handle it.

Q: Can Child S. Agency make a father continue paying Child Support past age 18 even if child is still in High School.

2 Answers | Asked in Child Support for Georgia on
Answered on Dec 12, 2018
Regina Irene Edwards' answer
Yes. if the child is still in high school, support stops at age 20.

Q: We got married a year ago but the kids were not born well before the marriage. Does my husband have custody rights?

1 Answer | Asked in Child Custody and Divorce for Georgia on
Answered on Dec 12, 2018
Regina Irene Edwards' answer
Yes, he legitimated the children when he married you. He has equal custody rights to you.

Q: What is the best child visitation schedule?

2 Answers | Asked in Child Custody for Georgia on
Answered on Dec 12, 2018
Regina Irene Edwards' answer
There is no such thing as "best visitation schedule." What may work for one child, may not work for another. The schedule is created individually for each case taking into account the age of the child, proximity between parents, who has been the primary caregiver, special needs of the child, and about 50 other things. Talk to an attorney about your unique situation.

Q: I lived in Louisiana but now live in Georgia - I created my will before moving several years ago. Is it valid in GA?

1 Answer | Asked in Estate Planning for Georgia on
Answered on Dec 11, 2018
Robert W. Hughes Jr.'s answer
As song as the will was witnessed by two people when it was signed, the will is valid. It would be better if it also contained a Self Proving Affidavit signed by a notary and meeting Georgia's standards. It would not hurt for you to pay a lawyer for 15-20 minutes time to review your document to assure you it conforms with Georgia law.

Q: How can I find out how much alimony will be paid before I file.

2 Answers | Asked in Divorce for Georgia on
Answered on Dec 11, 2018
P. Justin Thrailkill's answer
You can't. That's based on the facts of the case and the discretion of the judge.

Q: I got legitimized to have rights to see my son at will and the school wouldn't allow me to see him, what type of charges

1 Answer | Asked in Family Law for Georgia on
Answered on Dec 11, 2018
Regina Irene Edwards' answer
The school doesn't have to allow you to come to the school whenever you want. In fact, in Gwinnett, the enrolling parent can restrict the other parent from having lunch with the child. If you want to change things, you need to file for a modification.

Q: Do they have to show intent when trying to convict for crossing the gaurd line with a drug?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 11, 2018
Ecleynne Mercy's answer
No intent necessary. There’s a sign in front of the jail that says passing the guard rail. Now, if she did have a prescription and the pill is actually what was prescribed then the argument can be made. However, it may not be as simple as an explanation, you may need an attorney cause motions may need to be filed and argued or even a trial.

Q: I have custody as a single father from DFCS for over a year can I keep it

2 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Dec 11, 2018
Regina Irene Edwards' answer
You need to contact a family law attorney to discuss your situation and possibly file a custody case.

Q: Why won't my public defender show me the video I am supposedly accused of shoplifting from Wal-Mart?

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Answered on Dec 9, 2018
Ecleynne Mercy's answer
Some Counties don't provide a copy of videos to the defense attorney or the defendant. They make them come in and watch the videos in the DA's office. You can schedule with your public defender a date and time to go watch the video together. I hope this helps.

Q: Will ga come get my husband from pennsylvania

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 9, 2018
Ecleynne Mercy's answer
It depends on so many things. However, if your husband has a warrant in Georgia, they have the right to come pick him up. If your husband has an active warrant, he is in jeopardy of being picked up and held. For example, If your husband is stopped in Pennsylvania for a traffic ticket and the warrant shows up he will have to wait until Georgia decides whether they are going to pick him up AND when they actually pick him up. I have seen people forced to wait weeks for transport back to...

Q: If someone is charged with trafficking cocaine do the state have to prove all the elements to make it so

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 9, 2018
Ecleynne Mercy's answer
Yes they do. The prosecutor has the burden of proving every element of a crime beyond a reasonable doubt. But while a defendant isn’t required to prove innocence in order to avoid conviction, the prosecution doesn’t have to prove guilt to the point of absolute certainty. And despite the general rule that the prosecution bears the burden of proof, there are instances when the burden shifts to the defendant (certain defenses). I hope this helps.

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