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My grandmother, who is still competent, put her house in the name of her daughter, who has power of attorney over all matters. However, she wants to leave the house to someone else in her will due to a strained relationship with her daughter. The house has been my grandmother's for 20 years,... View More 
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answered on Apr 24, 2025
Power of Attorney does not convey ownership. The daughter simply steps in the shoes of the principal(grandmother) for a specific amount of time. Upon the principal's (grandmother's) death, the property remains in the principal's (grandmother's) estate and if a Last Will and... View More
I am a father trying to allow my daughter's mother to have visits with her, but the mother has threatened not to return our child. There are currently no court orders or formal custody agreements in place. However, I have safety concerns about my child's living conditions with her mother.... View More
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answered on Apr 21, 2025
If there is no custody order and you are not married to the mother, you have no rights. The mother has full custodial rights, which means she doesn't have to bring your child back. You have to file for legitimation and obtain a custody order.
I have just received the official final order dated April 17, 2025, concerning custody and child support, and I want to relocate to Maryland for my pending marriage. The petitioner has a history of cocaine abuse, domestic violence, and has not had a relationship with our child since she was 2... View More
answered on Apr 21, 2025
If you received an Order dated April 17, 2025, I highly doubt a judge would entertain any modification at this time. Because if you were to file for a modification, the case is going back to the very same judge. And since it has been only days since they signed the Final Order, I can't see... View More
I am seeking full custody of my 2-year-old child as I plan to divorce my husband, who is in the military and doesn't spend much time with our child during his days off. I am a stay-at-home mother, providing full-time care for my child, and we currently live together. How can I achieve full... View More
answered on Apr 21, 2025
You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to... View More
I have 50/50 custody of my child with my ex-husband, and there's currently no restriction on who can be around our child. My ex-husband's new girlfriend has two children who have harmed my child on several occasions, resulting in injuries like a black eye and a large bruise. I have... View More
answered on Apr 21, 2025
The only way you can restrict who your children can be around is to take the other parent back to court and modify the current visitation so that it addresses who the children can and cannot be around. Because anything that is not in a court order does not apply, and neither party has to follow... View More
I live with both parents, but one parent may be considered unfit due to a history of domestic violence. They were recently arrested for simple assault, and a court case is pending. Despite this, we are planning to file for joint custody. How might the recent arrest and history of violence influence... View More
answered on Apr 21, 2025
It is highly relevant but also very common for courts to deal with. The important part is the messaging to the Court, as the Court needs to balance Criminal Justice obligations with the best interests of the parties. Luckily this is in Civil Court, not Criminal, but you are still going to want to... View More
I live with both parents, but one parent may be considered unfit due to a history of domestic violence. They were recently arrested for simple assault, and a court case is pending. Despite this, we are planning to file for joint custody. How might the recent arrest and history of violence influence... View More
answered on Apr 21, 2025
No one can tell you how the simple assault may or may not effect a custody proceeding. A simple assault that was not witnessed by the minor children, did not involve the minor children, etc. may not be something the court decides should impact that parents custody and/or visitation. But only the... View More
I was born in 1971 and experienced mental and physical abuse until age 18. I didn't understand at the time that certain actions were legally considered abuse. I'm now considering civil and criminal claims in Georgia, potentially including compensation through property claims. What is the... View More
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answered on Apr 20, 2025
Unfortunately because these crimes occurred before 1992, the statute of limitations has probably lapsed for doing anything criminally or civilly long ago. However, these kind of cases are legally complex, and specific circumstances can alter the calculation; you would really need to speak with an... View More
In my divorce papers, it states that my current partner cannot spend the night when the children are in my custody. If we get married, would this clause still be in effect, considering the agreement has not been changed since my divorce was finalized?
answered on Apr 21, 2025
There should be language in the order that says what kind of overnight guests are not permitted. If it specifically addresses overnight guests that are not related, that you are in a romantic relationship with, but are not married too, getting married probably makes them acceptable to live with,... View More
I contributed to purchasing a house and made the down payment. During my marriage, I also made mortgage payments. We have been divorced for 8 years, and now my ex-spouse is selling the house. My name is only on the deed, and we did not discuss the house during the divorce proceedings. Should I... View More
answered on Apr 16, 2025
The time to address the home and any other real or personal property was during your divorce. If the house, your contributions, and ownership was not addressed in the divorce, you have likely lost your right to ask for anything at this point, as your divorce was finalized 8 years ago.
I am the custodial parent based in Georgia, and my ex-husband lives in New Jersey. We divorced in Virginia in 2021 but have been separated since 2018. We currently have a verbal custody agreement in which the children stay with me for 11 months of the year and with their father for a little under a... View More
answered on Apr 16, 2025
If there is a court order that says you must notify the other parent of your intention to relocate, then a custody case may be filed, once the non-custodial parent is notified of the move. Your move will impact their travel, visitation, and possibly other factors and they could take you back to... View More
Can three appointed successor trustees, managing property on behalf of beneficiaries, collectively have the same authority as the original deceased trustee, given that they are working together as a team?
answered on Apr 14, 2025
Under Georgia law, successor trustees possess the same authority as the original trustee. According to OCGA Section 53-12-201(g), “A trustee appointed as a successor trustee shall have all the authority of the original trustee." This is the default rule but the terms of the trust could mean... View More
I'm representing myself in a civil suit filed in the state court in Georgia. I need to find the proper form to file an answer, and the deadline for submission is today. Where can I find this form?
answered on Apr 14, 2025
I would strongly, strongly urge you to retain counsel to represent you. Filing an answer is not easy. If some defenses are not raised, they are waived forever. Nevertheless, if you insist on proceeding pro se, you can find an Answer form at the following link:... View More
If a father was married when the child was conceived but divorced before the child was born in Georgia, is he still considered the legal father because he doesn't care about paternity and wants to see the child? The divorce decree did not mention the child as they were not born yet, and now... View More
answered on Apr 16, 2025
The divorce documents should have addressed the fact that the mother was pregnant. The mother should have disclosed to the court that she was pregnant, and then the divorce documents would have reflected that the mother was with child, and the husband of the mother is presumed to be the father.
In my custody case, a judge signed an order after a court date in early January 2025, where the judge was absent and it turned into a calendar call. My lawyer has not communicated with me since early March, and I received no notice about the order being presented or signed. My ex forwarded me a... View More
answered on Apr 16, 2025
You should speak to your lawyer. A judge would not have entered an agreement that was not signed by either the parties or their attorneys. But a judge can enter an order with what they have determined to be their ruling. The only way to clarify what happened in your case is to talk to your... View More
I am currently going through a divorce in Georgia, and although my spouse and I initially agreed, signed, and filed all the necessary divorce paperwork, I ran into an issue. I was informed that I needed a parenting seminar certificate and a child support addendum and worksheet. However, my spouse... View More
answered on Apr 16, 2025
A child support addendum would need to be signed by both parties if this has been filed as an uncontested divorce. If the other spouse refuses to sign a document that the court requires in order to sign a final judgment, then you do not have an uncontested divorce and may have a trial. I would be... View More
I'm seeking guidance on filing for a divorce. We have been married for six years and share three children. My spouse and I both agree on getting a divorce, and there are no assets to split. We haven't started any legal proceedings yet, and I'm not looking for a specific custody... View More
answered on Apr 16, 2025
You should hire an attorney to file for divorce. Either you and your spouse will have to come to an agreement on custody, visitation, child support, & the distribution of assets and debts, or you will have to have a trial.
I want to file for divorce in Georgia, where both my spouse and I currently reside, and we have three minor children. We recently separated and have no existing agreements or court orders regarding custody or support. The reason for the divorce is infidelity. I would like to know what legal support... View More
answered on Apr 16, 2025
I'm not sure what you mean by legal support. When you file for divorce you can obtain a temporary order for child support, custody & visitation, until the divorce is final. You should speak with an attorney who can give you instructions on how to file, how the divorce process works, and... View More
I have a mutual restraining order with my ex in Georgia, established due to contempt for nonpayment of child support. We are both invited to attend our granddaughter's first birthday party and our son's wedding. The restraining order states that neither party can harass or molest the... View More
answered on Apr 16, 2025
I think you are confusing a protective order with a mutual restraining order. A mutual restraining order does not say anything about how many yards you can be away from someone. It doesn't prohibit parties from being near each other. I think it would be best to review the language of the... View More
Since buying my property in 2017, a neighbor has claimed that a fence built in 2001 is on their land. They mentioned a survey in 2021 but have no documentation, only some markers. I moved my mailbox after discussing it, but I insisted it wasn't on their property. Now I'm trying to sell my... View More
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answered on Apr 12, 2025
Markers/monuments are physical evidence of a survey. Is your fence on the other side of the markers? If so you may be encroaching on the adjoining property. However the other owner may have acquiesced to the ascertainable boundary (fence) since no suit have been filed. It may be at least a... View More
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