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Georgia Questions & Answers
1 Answer | Asked in Adoption, Family Law, Contracts and Civil Rights for Georgia on
Q: What can we do about our Post Adoption Contact Agreement?

I’m a birth father that placed my daughter for adoption along with the birth mother. We signed a Post Adoption Contact Agreement thinking it would keep us in touch with our daughter through the adoptive parents. I recently learned that they never signed an agreement and therefore don’t have to... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jun 22, 2021

Did you work with an attorney? You should give your attorney a call to get to the bottom of this and why if this is what you wanted how it was overlooked. If you don’t want to work with the same attorney you can consult with another attorney who can review the facts of the case to determine if... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Do Recklessness falls into intentional tort? If the driver was driving while being high but was careless?
Michael W. Horst
Michael W. Horst answered on Jun 22, 2021

The short answer is no. Intentional torts require the wrongdoer (known as the tortfeasor) to do something on purpose. A person who is driving high does not intentionally try to get in a car crash. Accordingly, while driving under the influence is certainly reckless behavior, it is not an... Read more »

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2 Answers | Asked in Divorce for Georgia on
Q: Divorce

My wife of 9 years moved and left me in GA

Michael D. Birchmore
Michael D. Birchmore answered on Jun 21, 2021

Did you want us to answer a question for you? If so, you need to post the question here first.

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1 Answer | Asked in Probate for Georgia on
Q: Is there a way to get an inventory list if the will mentions O.C.G.A 53-7-33? Is there a way around it?

My father in law died, leaving my husband everything and naming him the executor to his will too.

My husband died before he could finish the probate process. Our children (Minors) are now the heirs but the new executor won't tell us what's there. We have repeatedly asked for an... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 21, 2021

You did not mention whether your children are adults or minors. If adults, they need to file a petition for settlement of accounts with the probate court that issued letters. You probably should consult with an attorney specializing in probate work for assistance.

2 Answers | Asked in Family Law for Georgia on
Q: Does my mother have any grounds for not returning my child after I revoke the power of attorney given to her previously?
Leo Hughes
Leo Hughes answered on Jun 19, 2021

The POA is likely invalid. Only a judge can assign or reassign custody.

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4 Answers | Asked in Divorce for Georgia on
Q: Which county do I file for divorce?

He went on the run 2 years ago and I haven't heard from him since. I just got confirmation that he is in Cobb county jail. Last known address was mines in Gwinnett but he gave his family address in Rockdale at the jail. All are 3 different countys in Georgia. Also can he be served in jail?

V. Joy Edwards
V. Joy Edwards answered on Jun 18, 2021

Yes he can be served in jail. Since he's just in jail, not prison, that's usually not the last know residence. Gwinnett may be the better place for correct venue. You should consult with an attorney on how to best move your case forward.

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2 Answers | Asked in Family Law for Georgia on
Q: I got served with rulenisi/exparte/restraining order almost 3 months from my ex's mother im unmarried what should my law

Have d one we were supposed to go to court next week but it got changed bc my lawyer said t had to many people testifying for her?

Regina Irene Edwards
Regina Irene Edwards answered on Jun 16, 2021

No one can give you specific advice about a case in progress without knowing all the facts. As you have a lawyer already, you should ask them.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Can a person be charged with shop lifting if they never left the store
Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Varies by state and judge. In short charged yes, found guilty maybe/depends.

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I'm an unmarried father of an 18 month old mother gave consent for her mother to have custody

they served me with an rule nisi/ex parte/ restraining order what can I do do I get legitimized then go for custody of just answer them and file a counterclaim

Michael D. Birchmore
Michael D. Birchmore answered on Jun 16, 2021

You need to file a Petition to Legitimate the child in the Superior Court of the county of residence of the child or yours. If you do not know how to do this, you will need to retain legal counsel to it. This would be best given you are now under a TPO. Truth be told, it can be tricky to do... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: I'm unemployed due to a business failure and considering a divorce. My wife still makes 100k.

Is there any advantage or disadvantage to getting a divorce while unemployed? I keep hearing very different opinions on this issue. Who's right?

Michael D. Birchmore
Michael D. Birchmore answered on Jun 16, 2021

We don't know. More information is needed. Are there children involved? What assets will be fought over? Who is paying the family's bills right now? Do you live in the same house? What are you doing to get back on your feet?

I can say that if you file for divorce now, the...
Read more »

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1 Answer | Asked in Employment Law for Georgia on
Q: If I accept a job offer and the job requires rotating shifts .i have a disability that will not allow me to work those

hours do they have to accommodate me

Carrie Dyer
Carrie Dyer answered on Jun 16, 2021

More information is needed to answer your questions. Under the Americans with Disabilities Act, an employer is required to engage in an interactive process to attempt to come up with a reasonable accommodation that allows you to perform the essential functions of your position but does not cause an... Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Municipal Law and Public Benefits for Georgia on
Q: What do I do when my HOA acts in an inappropriate manner?

1. HOA pools are defined as public in the department of public health document regarding pools. Public pools are smoke-free. But my HOA refuses to uphold a non-smoking rule.

2. The board member in charge on the grounds has a maintenance company and performed a job for the HOA. Conflict of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

If the HOA is not policing itself, then you can either vote the Board off and correct it, or you can consult with a HOA attorney in your area, obtain your options and then decide how to proceed from there. If there are other members of the HOA who are like mind with you, then y'all may be... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: I hold the mortgage both my ex and I are on the deed. When the house sells, how do we divide the equity?

I refinanced the house taking my ex-wives name off the mortgage but it remained on the deed. The only thing the divorce decree says is the we will hare the "net equity". The house is selling 6 years after the divorce. What goes in to "net" equity. My realtor says i can take... Read more »

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

If your agreement doesn't allow to deduct payments and taxes, you cannot. Net equity is sales price minus closing costs and mortgage. Deducting the payments would mean you got to live there for free for 6 years. You had to pay those somewhere.

2 Answers | Asked in Divorce for Georgia on
Q: My wife has been an alcoholic for years. Now that our youngest child just turned 14, I want a divorce.

Does claiming alcoholism as a fault have any strategic advantage? I have proof as to how it has adversely effected the kids.

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

If your 14 year old wants to love with you, that will make your case easier. If you are able to prove she has an alcohol issue, that may impact custody and parenting time.

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1 Answer | Asked in Civil Litigation for Georgia on
Q: My neighbor has surveillance on my home 24/7 and posts his videos to Facebook inaccurate information to make me look bad

My neighbor uses his security camera as surveillance on my home 24/7 and he uses his video 2 post to Facebook inaccurate information to make me look bad and harass me on social media the video that he posted on Facebook on June 13th 2021 I have downloaded and I have the post where he was harassing... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 15, 2021

It would be difficult to impossible to tell you whether what he does is improper or not. One would probably need to see the camera in question and how it is "aimed." It could be that he is simply trying to keep his property safer. As to suing him, what are your damages? How have you... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I committed adultery, now during divorce she is committing adultery. Will that affect Alimony? Custody?

I committed adultery and my wife filed for divorce. We are still in the middle of the divorce and now she is dating someone. Can that affect her alimony? I have proof of the guy spending the night at her house with our toddler there asleep. Can that affect custody?The case is in Georgia.

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

It likely will not affect alimony. In order for it to affect alimony, the adultery needs to be the cause of the separation. It appears that the marriage ended because of your adultery and she is dating now. Whether or not the person spending time overnight with your child there is enough to... Read more »

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I informed the tenant I wanted to sell the property. She agreed to move out. She did indeed got a new place May 18.

She agreed to hand over the keys june 8. On the 8

June 9th she claimed to still have personal property inside. Then agreed to hand over the keys June 14 to the realtor. Now she has told

the realtor not to get involved as her and I have a civil case. Year 1 was a lease. For the... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jun 15, 2021

What is your question?

If you complied with lease or law by giving her notice and she refused to leave, file a dispossessory action against her to start the eviction process.

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: Once a ward was granted an emergency conservatorship is it legal to close all wards accounts

Prior to them consulting the ward. Law states that 60 days after appointed over ward either by hand delivered or date stamped mail they are to sit with ward listen to them & inventory assets. They have not even contacted ward & 60 days are up however she closed all the accounts leaving... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 14, 2021

yes as to closing accounts. Call conservator and make an appointment for ward to visit. Share your concerns at that meeting. Get a budget established. If all else fails, contact probate court.

2 Answers | Asked in Family Law for Georgia on
Q: I want to legitimize my children, I am on the birth certificate for both of them.

They lived with me in GA from 8\1\2020 to 5/22/2021 after their mother had a mental health crisis. Due to not being married they had to go back to her in Florida once she became stable again. I now want to legitimize myself to have right to them and see them again. Do I need to do a paternity... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jun 14, 2021

You can file for legitimation. We would need additional information to determine which state you would need to file the action. Our office is happy to help.

Atlanta Family Law Group, LLC

404.963.9452

atlfamilylawgroup.com

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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Georgia on
Q: Do you intervenors have a right to continue case of defendant kills himself.

Modification of custody filed in District in which I was divorced two hours away from where me and my daughter currently live. Defendants parents intervened & got his visitation. Defendant killed himself. I still have to drive and pick up my daughter from her grandparents four hours round-trip... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Meet with a family law attorney to map out your course going forward.

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