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Georgia Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Georgia on

Q: How can a judge rule on custody without any proof or allegation of abuse, neglect, or drug use. Solely because i wasn't.

I was only informed of the hearing 13 hours before. He served me the papers at the courts last known address for me and that is where he lives with his fiance. He has blocked my number and she informed me i would have to call her to speak to my children

Homer P Jordan IV answered on Aug 23, 2019

The judge would make a ruling after reviewing the case information that is available. If you are not working with an attorney you may want to consider doing so. Consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq.... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on

Q: How do I file for extension to answer a custody modification?

I live in Ohio; Ex husband lives in Georgia. He has a filed for a modification of custody and child support as well as a few other things. I am still trying to find an attorney / money to afford an attorney. How can I file to extend the time I have to answer so that I can continue to get my ducks... Read more »

Homer P Jordan IV answered on Aug 23, 2019

Contact an attorney who can review the facts of your case in detail and present you with the options. The attorney can provide you with the guidance you need to answer the custody modification. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on

Q: Will I serve jail time for a felony warrant driving while intoxicated 12 years ago?

I have a felony warrant issued for failure to appear in Lake County court Indiana in 2007. I just found out three weeks ago. It was driving while intoxicated and I was doing community service and a bench warrant was issued for failure to appear after I moved back to Ga. I thought my community... Read more »

Ecleynne Mercy answered on Aug 23, 2019

You need to seek help from an attorney licensed in Indiana.

1 Answer | Asked in Criminal Law for Georgia on

Q: is it a felony to give false information to police officer to avoid being served with a prior warrant?

Served four days in jail for criminal impersonation in 2009. Was living in Tennessee at the time and failed to appear

Ecleynne Mercy answered on Aug 23, 2019

A person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate is guilty of a misdemeanor.

Ga. Code Ann. § 16-10-25

1 Answer | Asked in Criminal Law for Georgia on

Q: Fiance was convicted of theft by rec stolen property, bought at pawn shop. How can he be convicted when he didnt know

Fiance was convicted of theft by rec stolen property, that he bought at a local pawn shop. How can he be convicted when he didnt know it was stolen? It was purchased from a place of business. He was already on parole for a prior conviction.

Ecleynne Mercy answered on Aug 23, 2019

He needs to fight the case.

Proof of possession, alone, of recently stolen property, is not sufficient to establish the essential element of the offense of theft by receiving stolen property that the possessor knew or should have known that the property was stolen. West's Ga.Code Ann. §...
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2 Answers | Asked in Child Support and Family Law for Georgia on

Q: Child support case reopened since 2014, a few days ago $24000 was added in arrears to my account w/out notice?

Custodial parent reopened case in 2014 after I started relationship with someone else. In 2016 I had children legitimized in 2016.. Per order cp stated we were in a long relationship and residing together. I have never been jail always supported my children financially. Now she states I owe her... Read more »

Regina Irene Edwards answered on Aug 22, 2019

You will need to hire an attorney to straighten that out.

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1 Answer | Asked in Landlord - Tenant for Georgia on

Q: what should I do if a former tenant returns a partial security deposit refund and demands it all back or be sued?

The tenants heldover 2 days beyond the lease termination date then called the police on day 3 when I said we had to wrap things up, claiming I was trying to lock them out and refuse to let them take their possessions. I never locked them out and never threatened to do so, but I did ask if they can... Read more »

Paula J. Mcgill answered on Aug 22, 2019

Unfortunately, I doubt returning their deposit will end it unless there is a settlement agreement signed by all parties.

If they are not willing to enter into a settlement agreement, get the police reports to determine what the police wrote in the reports. If the report is neutral or...
Read more »

1 Answer | Asked in Child Support for Georgia on

Q: How can I find the contempt statutes for a Ga civil child support contempt case? What sanctions can I ask the judge for

I’m trying to find out what I can legally ask the judge to impose in a child support contempt hearing if the father is found in contempt

Regina Irene Edwards answered on Aug 22, 2019

2018 Georgia Code

Title 19 - Domestic Relations

Chapter 6 - Alimony and Child Support

Article 1 - General Provisions

§ 19-6-28. Enforcement of orders; contempt; service of rule nisi by mail; rule nisi form

Universal Citation: GA Code § 19-6-28 (2018)...
Read more »

2 Answers | Asked in Family Law and Domestic Violence for Georgia on

Q: If someone is brought in to ER and injuries are inconsistent with story told. Can the state press charges?

She was brought in unconscious by her husband and he said she slipped in the tub and hit her head. She was in a coma for about 6 hours or so due to trauma to her head .The injuries to her head and bruising to her body is inconsistent with the story the hospital said. She said he didn't do it but... Read more »

William Jaksa answered on Aug 21, 2019

The hospital acted as they are legally required to. Most jurisdictions have laws and regulations that require nurses and doctors to either investigate when they are suspicious of domestic violence and/or call the police. Usually, as soon as they suspect their may have been some/any domestic abuse... Read more »

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1 Answer | Asked in Criminal Law for Georgia on

Q: Hi i shot my girlfriend gun in the air and was charged with dishcharge of firearms on property of another but i was at.

I am trying to figure out how much will my fine be

Robbie Levin answered on Aug 21, 2019

The maximum penalty is 12 months in jail and $1000 fine. Get a lawyer.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for Georgia on

Q: If I have parent consent, can i move out at 17?

I am starting college in January, but will be 17. The school is 45mins to an hour away so we are looking for my own place or a roommate who is 18+. Will my parents get introuble if they consent to it?

Homer P Jordan IV answered on Aug 21, 2019

Until you are 18, you have to live where your parents say. If that's on a college campus or near the college and they are saying you can live there then there shouldn't be any issues. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Patents (Intellectual Property) for Georgia on

Q: Hi, Can the inventor of a utility patent claim ownership of a patent if it was never assign to the applicant company?

Patent application #X was originally filed and later published in 2013 as I was employed by Applicant, I assigned it to them, patent was abandoned by applicant. I terminated my employment with them in January of 2016. They refilled the "same" patent in November 2018 but it got a different patent #... Read more »

Peter D. Mlynek answered on Aug 20, 2019

I am sorry, John, but it is very unlikely that you have any ownership stake in Patent #Y.

If patent #Y has issued, and it is pretty much the same as patent application publication #X, then Patent Application Y somehow claimed priority to X. It had to, because X would otherwise be cited...
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1 Answer | Asked in Family Law for Georgia on

Q: WHAT I CAN DO ABOUT MY 5YR OLD GRANDSON THAT HAS BEEN WITH ME FOR OVER YR AND A HALF AND HIS MOTHER CAME TOOK HIM

MYSELF AND HIS DAD ENROLLED HIM IN SCHOOL AGAIN THIS YR THE MOTHER OUT OF NOWHERE WENT TO TRY GET HIM OUT EARLY SCHOOL WOULD NOT LET HER TAKE HIM BECAUSE SHE IS NOT ON HIS PAPERWORK BUT HAS ALSO ENROLLED HIM ANOTHER COUNTY SCHOOL WITHOUT DISENROLLING HIM FIRST BUT SHE CANT DO THAT EITHER BECAUSE... Read more »

Homer P Jordan IV answered on Aug 20, 2019

Duplicate question here, but your son really needs to consult with an attorney who can help him plan the proper legal route to addressing this situation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Child Custody and Divorce for Georgia on

Q: In the state of Georgia, can a parent legally take their children and not allow other parent to know where they’re at?

No papers or anything have been filed. One parent has moved out leaving the stay at home mom and children home. The father says he can take the children where he wants and doesn’t have to tell the mom where they’ll be. Can a father do that? Or do they have to tell the location so the mother knows?

Homer P Jordan IV answered on Aug 20, 2019

Are you still married, or have you divorced? It sounds as though you are still married. If that is the case, you both have equal rights at this point to take the children. It's not typically a wise thing to do, however. You should consult with an attorney right away who can review the facts of the... Read more »

2 Answers | Asked in Family Law for Georgia on

Q: WHAT I CAN DO ABOUT MY 5YR OLD GRANDSON THAT HAS BEEN WITH ME FOR OVER YR AND A HALF AND HIS MOTHER CAME TOOK HIM

MYSELF AND HIS DAD ENROLLED HIM IN SCHOOL AGAIN THIS YR THE MOTHER OUT OF NOWHERE WENT TO TRY GET HIM OUT EARLY SCHOOL WOULD NOT LET HER TAKE HIM BECAUSE SHE IS NOT ON HIS PAPERWORK BUT HAS ALSO ENROLLED HIM ANOTHER COUNTY SCHOOL WITHOUT DISENROLLING HIM FIRST BUT SHE CANT DO THAT EITHER BECAUSE... Read more »

Ellaretha Coleman answered on Aug 20, 2019

If there is a current custody order that she is in violation of, your son would need to file a contempt action against his former wife. Additionally, he needs to consider filing a modification of custody action if prior to this stunt mother has not seen the child in a year.

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1 Answer | Asked in Immigration Law for Georgia on

Q: Will asylum for Canada affect my US I-130 filed by my sibling 7 years back?

If I file for asylum in Canada, will it affect my ongoing US I-130 filed by my sibling 7 years back.

Hector E. Quiroga answered on Aug 19, 2019

There is no reason why it should.

2 Answers | Asked in Family Law for Georgia on

Q: advice on my 5yr old grandon that has been in MY care over yr and a half and his mother took him refuses to bring him bc

he does not want to be with her she went to his school on the first day and attempted to check him out but school wouldnt let her have him since it was myself and his father that enrolled him she was not on any paperwork but the same afternoon she showed up out of the blue supposedly to bring his... Read more »

Ellaretha Coleman answered on Aug 19, 2019

If the parents were never married, unfortunately only the biological mother has rights to the child. Your son should consult with an attorney immediately to move forward with filing a legitimation action to establish his custodial rights. I am assuming this has not previously been done as there is... Read more »

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2 Answers | Asked in Family Law for Georgia on

Q: Can I change my two year old's first and middle names if he shares a name with his father (II & III)?

I ask with the assumption my son's father will be convicted of charges he has received, including four felonies (aggravated assault - firearm) and two DUI's. We were married at the time of birth. We are in GA.

Ellaretha Coleman answered on Aug 19, 2019

You will need to either get the permission of the father or serve him as a respondent in the name change petition as he is the child's legal father.

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1 Answer | Asked in Divorce and Energy, Oil and Gas for Georgia on

Q: Can I get fine for a cruelty to children-3rd degree for the first time, or can a be just dismissed

Or can I be charge with domestic violence and have to do some classes

Homer P Jordan IV answered on Aug 19, 2019

Without knowing the facts of your case in detail it's difficult to provide you with an answer. You could consult with an attorney who can review the facts of your case and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Adoption and Family Law for Georgia on

Q: How can I find out my real fathers name,age,residence.

I never recieved any info from my mother before she passed. I Grew up as if everything was a secret in my life. I have a birth certificate with adopted dad its a chapter 31-10 and 290-1-3 what does that mean and why is my life before adoption non exsisting. Rumor had it i was a foundling child. I... Read more »

Homer P Jordan IV answered on Aug 19, 2019

Have you considered hiring a private detective to see if the can locate the information for you? That may be a route you want to consider. Also, have you discussed this with any other family members who may be able to assist you in putting the pieces together? -Homer P. Jordan IV, Esq.... Read more »

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