Georgia Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Georgia Questions & Answers
Q: My step dad's mother died, and he is severely depressed. My mom needs to know her rights as his spouse?
Kim Ebert's answer
Your question is vague as to what real estate you're asking about.... his deceased mother's or real property your step-father and mother own jointly or separately. A competent attorney can answer your questions. Have all the pertinent facts readily available for the consultation.
Your question is vague as to what real estate you're asking about.... his deceased mother's or real property your step-father and mother own jointly or separately. A competent attorney can answer your questions. Have all the pertinent facts readily available for the consultation.
Q: What happens when the non-custodial parent has two jobs but only reports one for a modification?
Kim Ebert's answer
A well trained attorney can examine, under oath, parties and witnesses, and also has discovery tools that will show the Court an accurate portrayal of the parties' income, etc. Also, if there are legal reasons to disturb a final judgment, time is of the essence to do so. Consult with an attorney to explore options.
A well trained attorney can examine, under oath, parties and witnesses, and also has discovery tools that will show the Court an accurate portrayal of the parties' income, etc. Also, if there are legal reasons to disturb a final judgment, time is of the essence to do so. Consult with an attorney to explore options.
Q: I'm about to go to court to get legitimized for my son. Do I or should I file a putative registry form
Kim Ebert's answer
I generally advise fathers to register if they have concerns that they have fathered any children, other considerations including such as a desire to have a relationship with their offspring. Some men, for obvious financial reasons, intentionally choose not to register. A well drafted petition will likely include the relief you desire. Consult with an attorney.
I generally advise fathers to register if they have concerns that they have fathered any children, other considerations including such as a desire to have a relationship with their offspring. Some men, for obvious financial reasons, intentionally choose not to register. A well drafted petition will likely include the relief you desire. Consult with an attorney.
Q: Will anyone help a single mom in Forsyth county stop a wealthy ex husband and his family from violating a court order?
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Georgia
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Kim Ebert's answer
Many attorneys, and I’m assuming local to you too, provide free consultations. Also, check with the local legal aid. Child custody situations can be stressful, but a competent local attorney can ease the stress. Good luck.
Many attorneys, and I’m assuming local to you too, provide free consultations. Also, check with the local legal aid. Child custody situations can be stressful, but a competent local attorney can ease the stress. Good luck.
Q: A child was taken away from me a week ago my DHR. I passed my urine analysis yet her supposed father was granted custody
2 Answers
| Asked
in
Child Custody, Criminal Law and Family Law
for
Georgia
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Regina Irene Edwards' answer
You need to talk with an attorney about your specific case. Your case is too unique and your question too specific to be answered generally.
You need to talk with an attorney about your specific case. Your case is too unique and your question too specific to be answered generally.
Q: I have a dfcs case. My daughter was placed wit her paternal grandmother. DNA showed she wasn't her daddy's biological
Homer P Jordan IV's answer
Going off of the situation you have described, he has no legal rights to the child. You weren't married and he has not legitimized her, and now you found out he's biologically not the father. Having no legal rights to her, it's unlikely they would place her with him. You may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Going off of the situation you have described, he has no legal rights to the child. You weren't married and he has not legitimized her, and now you found out he's biologically not the father. Having no legal rights to her, it's unlikely they would place her with him. You may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: I received court papers from dfcs lawyer and they lied about alot of information on me. What can I do about that?
Homer P Jordan IV's answer
Are you working with an attorney? If not, you should consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action. There has to be a compelling reason why they removed the child and that they are having you work through a plan to gain her custody back. Without knowing that information in detail it's difficult to provide you with direction on how to handle the situation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Are you working with an attorney? If not, you should consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action. There has to be a compelling reason why they removed the child and that they are having you work through a plan to gain her custody back. Without knowing that information in detail it's difficult to provide you with direction on how to handle the situation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: What can the NCP do without paying excessive attorney fees when a CP kicked the child out the house?
2 Answers
| Asked
in
Child Custody, Child Support and Family Law
for
Georgia
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Homer P Jordan IV's answer
You should consult with an attorney who can review the facts of your case, present you with the options, and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
You should consult with an attorney who can review the facts of your case, present you with the options, and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: can one company cease doing business with another without justification
Timur Akpinar's answer
As a general matter, yes. If a company ceases to do business with its steel supplier because it finds another supplier that provides higher quality steel, this sort of thing might be considered without justification and it happens all the time in commerce. If you are inquiring about a specific matter that involves your business dealings, you should probably consult with an attorney in Georgia. If ceasing to do business without justification means being in breach of contract, that's something...
As a general matter, yes. If a company ceases to do business with its steel supplier because it finds another supplier that provides higher quality steel, this sort of thing might be considered without justification and it happens all the time in commerce. If you are inquiring about a specific matter that involves your business dealings, you should probably consult with an attorney in Georgia. If ceasing to do business without justification means being in breach of contract, that's something...
Q: How is it that someone is sentence to life for felony murder and four twenty years sentence for aggravated asalut be .
David Edward Boyle's answer
Depending upon when they were convicted a life sentence is eligible for parole after 14 years, or 21 years, or 30 years.
Depending upon when they were convicted a life sentence is eligible for parole after 14 years, or 21 years, or 30 years.
Q: 1st time misdemeanor charge of 16-13.32.2 18 y.o college student do I need a lawyer
David Edward Boyle's answer
It is a misdemeanor offense that will remain on your record forever if you enter a guilty plea to the charges. I would recommend you consult with an attorney to explore defenses and alternatives to a conviction on your record. Drug offenses can result in the loss of financial aid.
16-13-32.2 Possession of a drug related object (a) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting,...
It is a misdemeanor offense that will remain on your record forever if you enter a guilty plea to the charges. I would recommend you consult with an attorney to explore defenses and alternatives to a conviction on your record. Drug offenses can result in the loss of financial aid.
16-13-32.2 Possession of a drug related object (a) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting,...
Q: What evidence is required to arrest for shoplifting?
David Edward Boyle's answer
In order to be arrested there must be probable cause to believe you committed the offense of shoplifting. You can be arrested for shoplifting even if you are innocent. If the arrest was without probable cause you would have ground to sue the store for false arrest.
In order to be arrested there must be probable cause to believe you committed the offense of shoplifting. You can be arrested for shoplifting even if you are innocent. If the arrest was without probable cause you would have ground to sue the store for false arrest.
Q: I have a friend who wants to put a TPO on a guy who keeps harassing her through messages and calls.
1 Answer
| Asked
in
Sexual Harassment, Criminal Law, Civil Rights and Internet Law
for
Georgia
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
David Edward Boyle's answer
If he publishes the photos he may face legal consequences under the revenge porn law. O.C.G.A. 16-11-90. It is a 1-5 year felony offense.
If he publishes the photos he may face legal consequences under the revenge porn law. O.C.G.A. 16-11-90. It is a 1-5 year felony offense.
Q: Can my 14yr old be charged as an adult in a aggravated sexual battery case he didn't penetrate the victim
David Edward Boyle's answer
Aggravated sexual battery is the penetration of the vagina by something other than a penis without consent. If the 14 yr old was a party to the offense, i.e. helped in its commission than yes he could be prosecuted even though he didn't penetrate the female.
Aggravated sexual battery is the penetration of the vagina by something other than a penis without consent. If the 14 yr old was a party to the offense, i.e. helped in its commission than yes he could be prosecuted even though he didn't penetrate the female.
Q: My son was molested at 13 and 14 but just told me at 18. What do I do?
David Edward Boyle's answer
You can contact the law enforcement authorities in Michigan in the jurisdiction where it took place. In Georgia the statute of limitations is 7 years from the disclosure or when the child turned 16, which ever occurs first, so it would be a viable case to prosecute until the victim turned 23.
You can contact the law enforcement authorities in Michigan in the jurisdiction where it took place. In Georgia the statute of limitations is 7 years from the disclosure or when the child turned 16, which ever occurs first, so it would be a viable case to prosecute until the victim turned 23.
Q: If you are in a probation detention center for violation of probation are you entitled to get credit for time served
David Edward Boyle's answer
The person sentence in the detention center is calculated by the date they were sentenced to go to the detention center, or when they arrive at the detention center. They get credit towards the overall time of their sentence but not necessarily the time in jail waiting to go to the detention center. The overall sentence never stopped running.
The person sentence in the detention center is calculated by the date they were sentenced to go to the detention center, or when they arrive at the detention center. They get credit towards the overall time of their sentence but not necessarily the time in jail waiting to go to the detention center. The overall sentence never stopped running.
Q: In jail charged with 16-5-70 Cruelty to children-Criminal Negligence/Causes excessive physical/mental pain
David Edward Boyle's answer
She needs to apply for the services of a public defender if she cannot afford an attorney. If she is in jail one might have already been appointed.
She needs to apply for the services of a public defender if she cannot afford an attorney. If she is in jail one might have already been appointed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
