Georgia Questions & Answers by Practice Area
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Georgia Questions & Answers
Q: My man is charged with battery assault towards a pregnant woman and cruelty to children in the 3rd degree.
Kim Ebert's answer
If pregnant, at the very least a misdemeanor of high and aggravated nature. Even if not pregnant, the allegation includes stabbing, which can still aggravate the battery. Consult with an attorney that will file a motion and set a bond hearing.
If pregnant, at the very least a misdemeanor of high and aggravated nature. Even if not pregnant, the allegation includes stabbing, which can still aggravate the battery. Consult with an attorney that will file a motion and set a bond hearing.
Q: Selling deceased Father house in TN as executor, probated in GA-mistake, have letter of test, have buyer- can I sign
John W. Chambers Jr's answer
In some states, it is not necessary to have an ancillary probate proceeding to transfer real property when a will has been probated in another state. What is needed to transfer property in Tennessee is determined by the law of Tennessee. I suggest that you consult with a probate attorney located in Tennessee.
In some states, it is not necessary to have an ancillary probate proceeding to transfer real property when a will has been probated in another state. What is needed to transfer property in Tennessee is determined by the law of Tennessee. I suggest that you consult with a probate attorney located in Tennessee.
Q: Please explain dismissal with prejudice. Are there any loopholes, ever?
P. Justin Thrailkill's answer
No. Dismissal with prejudice means the case is dismissed and you cannot file the case again based on the same set of facts and circumstances.
No. Dismissal with prejudice means the case is dismissed and you cannot file the case again based on the same set of facts and circumstances.
Q: if my grandmother gave me her will and my aunt had her set up a trust after she had a stroke and I am the only heir
John W. Chambers Jr's answer
Property (and that term includes all types of property) which is in the probate estate would be subject to the provisions of the will and applicable law. Property in a trust would be subject to the terms of the trust and applicable law. Generally, if there is property in the probate estate, there would be a need to file a petition to probate the will. You should seek the advice of a probate attorney who can advise you after reviewing additional information.
Property (and that term includes all types of property) which is in the probate estate would be subject to the provisions of the will and applicable law. Property in a trust would be subject to the terms of the trust and applicable law. Generally, if there is property in the probate estate, there would be a need to file a petition to probate the will. You should seek the advice of a probate attorney who can advise you after reviewing additional information.
Q: Fulton GA. Charged with Misdeamenor Battery. 2 years ago. Mother of my daughter is client. Can I see my daughter?
Ecleynne Mercy's answer
If you have legal and physical custody you should be able to see your daughter. Unless there is a no contact order on your bond. Now if that’s the reason why you haven’t seen her. You should make a motion to modify the bond conditions because of it just got accused it will be months before anything substantial happens on the case!!!
If you have legal and physical custody you should be able to see your daughter. Unless there is a no contact order on your bond. Now if that’s the reason why you haven’t seen her. You should make a motion to modify the bond conditions because of it just got accused it will be months before anything substantial happens on the case!!!
Q: Can a family member sue a 15 year old, for punching their child. They're cousins.
P. Justin Thrailkill's answer
Yes, they could sue, but they would be suing you and not the child. The fact they are related means nothing. Talk to an attorney if you are served with a lawsuit.
Yes, they could sue, but they would be suing you and not the child. The fact they are related means nothing. Talk to an attorney if you are served with a lawsuit.
Q: How do I go about getting child support cut off
P. Justin Thrailkill's answer
You need to talk to an attorney about filing a modification of support and custody. Until the custody order is modified, child support will continue to accrue.
You need to talk to an attorney about filing a modification of support and custody. Until the custody order is modified, child support will continue to accrue.
Q: What should I plea? Not guilty or nolo
Forrest Clinton Barbour's answer
Not guilty and hire an attorney. I offer free consultations. Feel free to give me a call. 770-461-2025.
Not guilty and hire an attorney. I offer free consultations. Feel free to give me a call. 770-461-2025.
Q: I don’t have a record. I had about 3.5 grams of marijuana on me. Now I have a possession charge. What do I do
Forrest Clinton Barbour's answer
Hire an attorney. I offer free consultations. Feel free to give me a call. 770-461-2025.
Hire an attorney. I offer free consultations. Feel free to give me a call. 770-461-2025.
Q: Based on c/s calculator, my ex would owe more than can afford. Do we have to set c/s based on that?
Regina Irene Edwards' answer
You can agree to a deviation, but it's important to do it correctly. You should consult an attorney to make sure your paperwork is properly done. It saves a lot of headaches later on.
You can agree to a deviation, but it's important to do it correctly. You should consult an attorney to make sure your paperwork is properly done. It saves a lot of headaches later on.
Q: I’m in GA and my ex moved out of state and is now filing for divorce, will he be able to take our son until the divorce
Regina Irene Edwards' answer
You need to file for divorce. Once you do, a standing order will take effect and the child cannot leave the state.
You need to file for divorce. Once you do, a standing order will take effect and the child cannot leave the state.
Q: I was with an married woman and she became pregnant. There is a good chance the baby is mine and i wanna know if she is.
Kim Ebert's answer
Under Georgia law very strong proof is necessary to overcome the presumption that the husband is not the child's father. It's not easy but it can be done. I am speaking from a purely objective view, so bear with me, but remember, if paternity is established, you will incur a legal duty to support your child so long as the child is a minor, and in certain circumstances, even longer or perhaps forever. Please consult with an attorney about this. The Court is definitely going to consider the...
Under Georgia law very strong proof is necessary to overcome the presumption that the husband is not the child's father. It's not easy but it can be done. I am speaking from a purely objective view, so bear with me, but remember, if paternity is established, you will incur a legal duty to support your child so long as the child is a minor, and in certain circumstances, even longer or perhaps forever. Please consult with an attorney about this. The Court is definitely going to consider the...
Q: Can you appeal an order from the judge ruling that I owe more money than I do and have proof and pay within 6mths?
2 Answers
| Asked
in
Appeals / Appellate Law, Family Law and Child Support
for
Georgia
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Kim Ebert's answer
If you're speaking of the 13 year old order, then under very limited circumstances, such as if the Court lacked subject-matter jurisdiction. If you're talking about a contempt action or Department of Child Support Services Administrative Order or Court Order, time is of the essence - like now! In either case, you may want to consider consulting with an attorney for a definitive answer. Good luck!
If you're speaking of the 13 year old order, then under very limited circumstances, such as if the Court lacked subject-matter jurisdiction. If you're talking about a contempt action or Department of Child Support Services Administrative Order or Court Order, time is of the essence - like now! In either case, you may want to consider consulting with an attorney for a definitive answer. Good luck!
Q: Can a third party challenge my paternity?
Kim Ebert's answer
The presumption is that the husband is the legal father of the child (in this case you). Overcoming this presumption is extremely difficult; but possible. Considering your desire to remain the father, you should consult with an attorney quickly.
The presumption is that the husband is the legal father of the child (in this case you). Overcoming this presumption is extremely difficult; but possible. Considering your desire to remain the father, you should consult with an attorney quickly.
Q: If a mother leaves the children for 5 years and doesnt visit the children does she loose rights?
Kim Ebert's answer
My first question of a potential client is why was the daughter left with a grandparent? That's not a negative necessarily, especially if the child is in a loving, stable environment. But it will need to be answered. A parent may be charged with abandonment, under certain facts. Certainly 5 years, as a length of time, falls within the statute. Consult with an attorney as this case presents complex issues of custody and child support.
My first question of a potential client is why was the daughter left with a grandparent? That's not a negative necessarily, especially if the child is in a loving, stable environment. But it will need to be answered. A parent may be charged with abandonment, under certain facts. Certainly 5 years, as a length of time, falls within the statute. Consult with an attorney as this case presents complex issues of custody and child support.
Q: I am a contract employee for a school district in Georgia. I fell on campus and hurt my ankle. Is the school liable?
T. Andrew Miller's answer
You can probably hold the school district liable for workers comp benefits, yes.
You can probably hold the school district liable for workers comp benefits, yes.
Q: Fiance is in fed prison. He was on c/s yrs ago. Son is 21+. How do we find out how much he owes & how to pay?
Kim Ebert's answer
Contact the Georgia Department of Child Support Enforcement. They should be able to give you an answer. You may consider consulting with an attorney to expedite the matter and ensure things are done properly. A competent attorney can make a big difference in the arrearage amount and the monthly re-payment amount in most situations.
Contact the Georgia Department of Child Support Enforcement. They should be able to give you an answer. You may consider consulting with an attorney to expedite the matter and ensure things are done properly. A competent attorney can make a big difference in the arrearage amount and the monthly re-payment amount in most situations.
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