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Georgia Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: I need to patent my business idea,how and where do I start? in other words what is the process and how long does it take
David Aldrich
David Aldrich
answered on May 26, 2023

Regarding where to start, you should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: a child's custodial mother dies and the father of the child hasn't legitimized the child does he have custodial rights?

The mother was murdered leaving behind a 4 year old daughter. The child was born out of wedlock but the father has always supported the child. He did not take the extra step to legitimize the child and is now in a dispute with the grandmother that never participated in the health and wellbeing of... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 24, 2023

The father should hire an attorney and file an action to legitimize. In that action he should seek sole legal and physical custody of the child. Since he has been paying support and can show he’s been an active participant in the child’s life, it should not be an issue for the court to... Read more »

2 Answers | Asked in Bankruptcy for Georgia on
Q: Recently disabled, under a chapter 13 and the attorney we used said our payments can not be reduced! No way i can pay ?

Had to retire from my job after 27 years. Fortunately I am able to draw Teachers Retirement disability but its 57% of my salary . I have long term disability but afraid to file clain because of payback rules i do not understand. Im not trying to get out of my obligation. Just need it reduced .... Read more »

Martha Warriner Jarrett
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answered on May 23, 2023

There are provisions in the Bankruptcy Code for asking the court to modify your Chapter 13 plan based on a change of circumstances. If your current attorney is refusing to do so, and hasn't adequately explained it to you, you should consult another attorney in your area. Most will offer a free... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Georgia on
Q: I won 50,000 from the ga lottery, what entities will collect debt from my winnings, be specific. Med bills, cellphon bil

I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 20, 2023

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders....
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: Should I keep let my child’s father see him although we have pending custody case?

He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby

Todd B. Kotler
Todd B. Kotler
answered on May 19, 2023

Please remember this is site for general information and should not be used as a substitute for retaining a lawyer who regularly practices in the Court wherein your case is pending. That being said, if there is a pending case are there not also temporary orders (called "lis pendens" in... Read more »

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: Should I keep let my child’s father see him although we have pending custody case?

He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 22, 2023

The first thing you should do is hire an attorney. And I'm not sure what you mean by fight for protection. If there is domestic violence and an ongoing threat, you should seek a protective order, which is a separate case altogether. If you were served with paperwork for a pending case, and... Read more »

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1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for Georgia on
Q: Which takes presidence the ownership, or the rental agreement

Property is jointly owned, tenneants in common. Mortgage is an individual loan, husband only. Husband and wife are divorcing. Prior to being evicted (she sat his remaining property outside) a rental agreement was signed.

As joint owner, Is she within her rights to change the locks? Or... Read more »

James Clifton
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James Clifton
answered on May 18, 2023

Each owner is entitled to equal use and possession of the property. There can be no rental to someone who is also an owner because their ownership interest is of a higher priority. If the divorce decree awarded the property to the wife, then the ex-husband could be a renter. Under that... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How do I try to find a lawyer who might take my case pro bono? Should I just call Family law attorneys and ask?

I really need a lawyer for this legitimization case. We went to court a couple of days ago for the first time and I felt so lost and stupid in there alone. The judge wouldn't even let me speak and basically was on their side...that's how it came across to me. I wanted to run out that... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 18, 2023

There are income guidelines for legal aide services and sometimes a waiting list to accept cases. If you can't get a legal aide service to take your case you should contact some domestic attorneys and see if they will work with you and accept payments. Sometimes if you can get a lump sum... Read more »

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1 Answer | Asked in Civil Rights, Education Law and Family Law for Georgia on
Q: What can I do? This is my son's future!!

My son has been on an IEP since 3rd grade. I have been his sole primary guardian most of his educatuonal life. He has and all been well aware that there is a certified copy of custody papers several in his files. How ever Mr. Robinson decided to violate GA Code 20-2-780 and allowed my sons father... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 18, 2023

You are going to need to file for what is called a "Due Process" complaint against the district which is failing to provide free and appropriate public education to your child (FAPE). Due Process is a term of art within education law that is distinct from other uses of the term you may... Read more »

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: About divorce

Ok, so here is the story:

My wife is a Canadian and a U.S. green card holder at the same time.

My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 17, 2023

You don't have many options if you don't want to separate or divorce. You can't go to her parents' house to get the children as that could be considered trespassing. If you file for divorce or separation, she likely will be forced to bring the children back. If you do... Read more »

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: About divorce

Ok, so here is the story:

My wife is a Canadian and a U.S. green card holder at the same time.

My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 17, 2023

In a contested divorce it is unfortunately irrelevant whether the Defendant wants to get divorced. If the other spouse filed for divorce and had you served, you should file an Answer, preferably with an attorney. Now that the children are in Canada, it is going to be difficult to get an order for... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: Can i get file restraining order for my child father if he is emotional abuse and does things like being disrespectful?

he had me served trying to get joint custody of our son but hes emotional abuse to us both ( baby & me ) and i just want to protect us both i only allow him to see me at my home when my family is around because i dont feel safe with just him , baby and i .

Tessie D. Edwards
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Tessie D. Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2023

Unfortunately, the restraining order and the custody case are 2 separate cases and focus on 2 issues. In order to be successful in gaining a restraining order, you will need to show the court that there has be physical harm or serious threats of physical harm to you and/or your child and there is... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: Can i get file restraining order for my child father if he is emotional abuse and does things like being disrespectful?

he had me served trying to get joint custody of our son but hes emotional abuse to us both ( baby & me ) and i just want to protect us both i only allow him to see me at my home when my family is around because i dont feel safe with just him , baby and i .

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 17, 2023

If you were served with what sounds like an action to legitimize, you should hire an attorney to represent you. If there is a family violence issue, your attorney can make the court aware of that in your Answer. That may also come into play with the visitation the father is requesting from the... Read more »

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am being forced to let strangers in my house for viewing because the owner wants to sell the house. I don’t see tha

I don’t see that clause in my lease agreement

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2023

I am not licensed in your state, but from my NY perspective, if the lease is silent on the issue, presumably, with reasonable notice and at reasonable times, you would be required to let the landlord or her realtor show your unit. On a personal level, I would like to suggest that any of the... Read more »

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: What is the deference between the "DOMESTIC RELATIONS FINANCIAL AFFIDAVIT" vs "Child Support Worksheet"?

I am in the process of filing a CS modification and wanted to know which will be used to calculate the child support amount.

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 17, 2023

First, I would urge you to hire an attorney and not represent yourself in this case, unless you are going through the Division of Child Support Services for this modification. A Domestic Relations Financial Affidavit is a document that outlines a parents income, expenses, assets and debts. You... Read more »

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1 Answer | Asked in Real Estate Law for Georgia on
Q: I had a lien on my house for $92000. Now the lien holder lost the paper work and want release the hold
James Clifton
PREMIUM
James Clifton
answered on May 16, 2023

Even if the paperwork is lost, if the lien has been paid, it can be released by an affidavit prepared in compliance with OCGA 9-13-80. If the lien holder does not release the lien within 60 days, you may be entitled to damages up to $500 and attorney's fees. If you still owe money on the lien,... Read more »

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How do I enforce unpaid medical/extracurricular from the noncustodial parent?

I've already filed late CS w DCSS and they told me I could not add these expenses--only the late child support. The noncustodial parent owes over 2k in medical/extracurricular and I cover the insurance for both children and have them 100% of the time. She also owes over 7800 in CS arrears.... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 16, 2023

Per your statements if there are arrears of $7,800 and over $2,000 in expenses owed, that is worth you hiring an attorney to file for contempt. An attorney can obtain a judgment for the funds owed, and they can also assist you with post-judgment collections. Because it's not just about... Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: What are the stipulations for alimony if I get a divorce (but with only an income of $50,000.00 a year) He doesn't work!

I have been married for 6 years; I want divorce. He doesn't work he's been found fully disabled but doesn't receive benefits due to my income ($50,000.00 yr.) he has threaten that he will file for alimony if we divorce. What are the chances that will be awarded alimony? We don't... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 16, 2023

The court is going to look at his need, your ability to pay, and determine if they're going to award him any spousal supports, if he requests it. There is no statute or guideline as to exactly when spousal support is awarded. If you file for divorce, and he files an Answer asking for... Read more »

1 Answer | Asked in Foreclosure for Georgia on
Q: A man stopped by my house and told me he bought it in foreclosure sale. I haven't received any notice of this sale.

Another man send me a summons. Is this legal?

James Clifton
PREMIUM
James Clifton
answered on May 15, 2023

You should have received notice of the non-judicial foreclosure by certified mail at least 30 days prior to the sale being conducted. The notice is also published in the newspaper. You can typically check for the foreclosure notice online to see if your house was up for auction. The summons would... Read more »

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