Georgia Questions & Answers

Q: Can the mother of my child move to California when I said no?? We both singed the legitimized papers at her birth also

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 27, 2017

If you don't have any custody paperwork, then she can move without permission. The legitimation just gives you the right to apply for custody.
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Q: Had divorce in TX in 2010. We are both now in ATL-can I still keep my child visitation dates and times per court order?

1 Answer | Asked in Child Support for Georgia on
Answered on Mar 27, 2017

Your court order is valid in Georgia. You can take the extra step to have it registered here in Georgia, but it definitely is valid. Because neither of you lives in Texas, there is no longer jurisdiction there. You could file both the registration and contempt in Georgia if she refuses to comply. You should email her a strongly worded letter saying that the court order is valid, and she needs to comply with the visitation dates or you will have to take legal action.
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Q: Can you rent a house in the state of Georgia without the deed?

1 Answer | Asked in Estate Planning for Georgia on
Answered on Mar 27, 2017

The deed is not usually attached to a lease. Are you asking can you rent out a property you don't own? The answer to that is 'no' unless the owner hires to you act as his/her agent to handle the rental.

It is unclear what you are really asking here ...

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal...
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Q: My son is 20yrs old. He is a severe epileptic who barely works 20hrs a week. His gf just had a baby yesterday. He is

1 Answer | Asked in Family Law for Georgia on
Answered on Mar 27, 2017

Any certified DNA lab will work. Anylab has many locations. They are not inexpensive, however.
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Q: I am part of a non-profit that is facing bankruptcy but has a year left on a property lease. How should we proceed?

1 Answer | Asked in Bankruptcy, Contracts and Landlord - Tenant for Georgia on
Answered on Mar 26, 2017

Contracts including leases are stayed and ordinarily discharged in bankruptcy, so if you can afford the fees associated with bankruptxy dissolution or reorganization, the lease is no obstacle.
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Q: I am trying to find the laws, definitions of. Child abuse for the state of Georgia

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 26, 2017

Reading over the statutes is like getting a FRAMEWORK of what is criminal conduct. Go here for that framework.

http://law.justia.com/codes/georgia/2010/title-19/chapter-15

To know how it APPLIES to your situation, you will likely need help from a criminal defense attorney.

William C. Head

Atlanta, GA
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Q: Officer violated many rights, not guilty, denied jury trial, no attorney given, 14 years later can I take it to court?

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Municipal Law for Georgia on
Answered on Mar 26, 2017

I know of no law allowing any lawsuit 14 years later. The law in every state puts time limits on when litigation must be pursued, and you fit none of the exceptions to allow this out-of-time filing.

William C. Head

Atlanta, GA
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Q: Me and my sons father have joint custody 4 days n 4 days , he is now in jail , do I have full custody now? Can I travel?

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 25, 2017

The grandmother has no rights. You do not have to give your son to her.
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Q: In a child abandonment case under what grounds can a ga warrant be recalled.

1 Answer | Asked in Child Support and Criminal Law for Georgia on
Answered on Mar 25, 2017

Typically, recalling warrants does not occur. The Prosecutor, in such cases, is suspicious of trying to "undo" any child abandonment charges, because they know that pressure to protect the family "unit" (when the breadwinner may be going to jail) causes people to change their story.

Hire and attorney, or get an appointed lawyer, or public defender to help navigate this.

William C. Head

Atlanta, GA
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Q: Does my fiance automatically become a US citizen once we're married?

1 Answer | Asked in Immigration Law for Georgia on
Answered on Mar 24, 2017

No. You must file an Alien Relative Petition on his behalf. He must file to adjust status. An affidavit of financial support must be filed...... I suggest you consult with an experienced immigration attorney for specific information tailored to your situation.
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Q: Control substance 2 & 4 also Violation of Probation. What are we looking at, he's our grandson he had Oded.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 24, 2017

Probation revocation is a proceeding that is too variable to guess at what will happen. He has only the right of due process, and to be represented.

Get a very good lawyer, for that particular court and judge. Then, be ready for consequences, and hold on for dear life. Some courts commonly allow the prosecutor and defense lawyer to resolve it between them, but many judges do not permit this, for their courts.

William C Head

Atlanta GA
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Q: If I am pulled over for my license plate light not working - a non criminal offense - why do i have to give the officer

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Answered on Mar 24, 2017

In Georgia, every traffic offense, including equipment defects, is a misdemeanor. The only info required to be given to the officer is name and address.

Talk to a lawyer.

William C Head

Atlanta DUI lawyer
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Q: Can a lien be taken against my property if my son didn't repay a loan? His name is not on the property, he is over 18.

1 Answer | Asked in Real Estate Law for Georgia on
Answered on Mar 24, 2017

Probably not unless the debt was for work done on your property. If your son hired a carpenter or plumber or tradesman of some kind to do work on your house and didn't pay for it, those tradesmen may have a right to record a mechanic's & materiamen's lien against the property to enforce payment. You need to speak with an experienced real estate lawyer in your state, if this is your situation.
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Q: If CP is in jail and child is living with NCP, do you still pay child support? If so, how do you pay the person in jail?

1 Answer | Asked in Child Support and Family Law for Georgia on
Answered on Mar 23, 2017

Child support to the mother will to continue to accrue unless and until you file a custody and child support modification. You will need to do that in order to terminate your obligation to her.
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Q: If someone dies and they owned a pet, is it a part of the estate and have to wait til goes through probate.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Answered on Mar 23, 2017

SOMEONE needs to care for the animal -- it can't wait for probate to be finished. If there is no specific mention in the will, it would fall to the residuary beneficiary ... but in the mean time, it would make sense to get the animal to that person ASAP rather than wait! Seek local legal help if you don't understand what you need to do to get things moving.
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Q: Must I have sole custody in order to get passports for my children and travel without the noncustodial parent consent?

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Mar 23, 2017

There are 3 ways for you to get a passport:

1. The father agrees and signs.

2. You obtain a custody order for sole legal custody (very rare)

3. You obtain a custody order that allows you to apply for passports without his consent.

Unless the first option, you have to sue the father to obtain relief.
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Q: want to hire different illustrator on sequels for a picture book.Can the illustrator of 1st books say she own character

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Answered on Mar 23, 2017

Your first illustrator can say whatever s/he wants about your contract, but this answer will depend almost entirely on what your contract actually says. Contact an attorney with experience in copyright law and ask them about the specifics of that contract.
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Q: My son has been charged with 1st degree burglary he is 17 and his records are clean what would he be facing

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on Mar 23, 2017

Burglary, in Georgia, typically carries prison time. The length and type of "typical" prison sentence varies widely in GA, depending on Judge and Prosecutor, and the FACTS of each case.

Georgia law says 1 to 20 years, for first time offender. Title 16-7-1.

William C. Head

Atlanta GA
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Q: At what age can a child choose which parent they want to live with? And what steps do they take to accomplish this?

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 22, 2017

A modification case must be filed. A child of 14 can elect the parent with whom they want to live, and the judge will honor it if it is in the child's best interest. The other parents can always contest.
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Q: How do I move out of house while married & maintain rights. Still want rights to kids /support kids financially. In GA.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Answered on Mar 22, 2017

Don't move out yet. Moving out before a divorce is a terrible idea. You will have to contribute financially for 2 homes and your spouse can make it hard to see the kids. It is recommended you file for divorce first, then you can get a court order that covers the property you take with you when you leave, covers the financial arrangements, and also parenting time. Otherwise, your life will be complete chaos without an order and your spouse will claim you've abandoned the children.
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