Georgia Questions & Answers by Practice Area
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Georgia Questions & Answers
Q: Can dfacs in Rome GA take my children for alligations? And, they didn't investigate first. For drug abuse and FV?
Kim Ebert's answer
The State may always remove a child from the custody of any parent when, following a preliminary investigation their is some evidence of neglect or danger to the child. Whether or not parents have a background of violence may or may not be relevant to an allegation of current family violence. You should be court appointed counsel. You may always confer with an experienced family law attorney.
The State may always remove a child from the custody of any parent when, following a preliminary investigation their is some evidence of neglect or danger to the child. Whether or not parents have a background of violence may or may not be relevant to an allegation of current family violence. You should be court appointed counsel. You may always confer with an experienced family law attorney.
Q: If someone is awarded child support while other parent is incarcerated will law allow them to pay when out or go to jail
Kim Ebert's answer
If the incarcerated parent has assets and some means of income while incarcerated and willfully fails to pay her child support obligation, then she may be held in contempt. Anytime a contempt action is pending, the Court must determine whether there is an enforceable order and whether the obligor has willfully failed to adhere to it.
If the incarcerated parent has assets and some means of income while incarcerated and willfully fails to pay her child support obligation, then she may be held in contempt. Anytime a contempt action is pending, the Court must determine whether there is an enforceable order and whether the obligor has willfully failed to adhere to it.
Q: My wife's ex took her daughter to another state on a trip that my wife had informed the ex that she did not want the
Regina Irene Edwards' answer
Probably nothing. If he took the child on a trip during his parenting time, does it really matter if they went out of state? If the child is back safe and sound, that is all that matters. It's best not to try to micromanage what the other parent does during their parenting time. If he wants to take her out of state and let her eat jelly beans for dinner, let him.
Probably nothing. If he took the child on a trip during his parenting time, does it really matter if they went out of state? If the child is back safe and sound, that is all that matters. It's best not to try to micromanage what the other parent does during their parenting time. If he wants to take her out of state and let her eat jelly beans for dinner, let him.
Q: Can a police officer take your cell phone without a warrant and not give it back? The phone has pics to help my case.
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Criminal Law and Federal Crimes
for
Georgia
on
Answered on Jun 17, 2018
Answered on Jun 17, 2018
Gary Kollin's answer
You should be discussing this with your criminal defense lawyer instead of an attorney on a blog who does not know all the facts and nuances
You should be discussing this with your criminal defense lawyer instead of an attorney on a blog who does not know all the facts and nuances
Q: If i file for child support will they grant visitation?
2 Answers
| Asked
in
Family Law, Child Custody, Child Support and Sexual Harassment
for
Georgia
on
Answered on Jun 16, 2018
Answered on Jun 16, 2018
Ellaretha Coleman's answer
Not if you pursue child support through child support recovery. However, he can seek visitation rights if he files for legitimation.
Not if you pursue child support through child support recovery. However, he can seek visitation rights if he files for legitimation.
Q: I need a lawyer asap but can't afford one to go against CPS what do I do
Ellaretha Coleman's answer
If you are the subject of a dependency action, an attorney will be appointed for you if you can not afford one.
If you are the subject of a dependency action, an attorney will be appointed for you if you can not afford one.
Q: I have an open investigation with DFACS. My child's father has received paperwork for custody of my child. I didn
2 Answers
| Asked
in
Family Law, Child Custody, Civil Rights and Libel & Slander
for
Georgia
on
Answered on Jun 16, 2018
Answered on Jun 16, 2018
Ellaretha Coleman's answer
You will need to fight the dependency allegations to regain custody. You should consult with an experienced family law attorney as soon as possible.
You will need to fight the dependency allegations to regain custody. You should consult with an experienced family law attorney as soon as possible.
Q: Mother passed with will while in nursing home paid for via Medicaid. I am only living child and only heir in will.
John W. Chambers Jr's answer
Here is a link to a brochure available from the Georgia Department of Community Health: https://dch.georgia.gov/sites/dch.georgia.gov/files/Web%20Version%202014.pdf. The brochure states: "The total gross value of the estate must be valued over $25,000 for estate recovery to apply. An estate includes all real and personal property (homes, land, vehicles, cash, bank accounts) held individually or jointly. All assets of a deceased Medicaid member are subject to recovery including property held...
Here is a link to a brochure available from the Georgia Department of Community Health: https://dch.georgia.gov/sites/dch.georgia.gov/files/Web%20Version%202014.pdf. The brochure states: "The total gross value of the estate must be valued over $25,000 for estate recovery to apply. An estate includes all real and personal property (homes, land, vehicles, cash, bank accounts) held individually or jointly. All assets of a deceased Medicaid member are subject to recovery including property held...
Q: I was married 30 years and divorced and told to take my things and leave
2 Answers
| Asked
in
Divorce, Estate Planning and Family Law
for
Georgia
on
Answered on Jun 16, 2018
Answered on Jun 16, 2018
Regina Irene Edwards' answer
You should not leave the home. You should consult with an experienced family law attorney to weigh your options. It does not matter if your name is on the home, it is a marital home and you should remain unless advised by your attorney otherwise.
You should not leave the home. You should consult with an experienced family law attorney to weigh your options. It does not matter if your name is on the home, it is a marital home and you should remain unless advised by your attorney otherwise.
Q: I live in GA but my spouse I am divorcing lives out of state? Can I file in GA or do I file in that state?
P. Justin Thrailkill's answer
It depends on how long she's been in Texas. For example, if she moved last week from Gwinnett County, you can still file in Gwinnett County, but you still have to get her served in Texas. If she moved 6 months ago, you need to file in Texas. I'd suggest talking to an attorney in Texas to see what they have to say if you are getting differing opinions in Georgia.
It depends on how long she's been in Texas. For example, if she moved last week from Gwinnett County, you can still file in Gwinnett County, but you still have to get her served in Texas. If she moved 6 months ago, you need to file in Texas. I'd suggest talking to an attorney in Texas to see what they have to say if you are getting differing opinions in Georgia.
Q: How do I transfer an LLC registered in Florida to be an LLC in Georgia?
Nicole Theodore's answer
If you will be maintaining the Florida business and simply adding an additional office in Georgia, you can apply for a Certificate of Foreign Authority with the Georgia Secretary of State's office. The COFA is for businesses that have a main base of operations in another state, but also have a supplemental office (or also transact business) in Georgia. If you are shutting down operations in Florida and moving the entire business to Georgia, you would wind up your business in Florida (follow the...
If you will be maintaining the Florida business and simply adding an additional office in Georgia, you can apply for a Certificate of Foreign Authority with the Georgia Secretary of State's office. The COFA is for businesses that have a main base of operations in another state, but also have a supplemental office (or also transact business) in Georgia. If you are shutting down operations in Florida and moving the entire business to Georgia, you would wind up your business in Florida (follow the...
Q: I was cursed of being a $100 short and got fired what should I do
2 Answers
| Asked
in
Employment Law, Family Law, Banking and Employment Discrimination
for
Georgia
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
P. Justin Thrailkill's answer
You need to schedule an appointment to speak with a local attorney to discuss this, as there is not enough information in your post to answer your question.
You need to schedule an appointment to speak with a local attorney to discuss this, as there is not enough information in your post to answer your question.
Q: If im incorporated at a address can someone use the same address or threshold
1 Answer
| Asked
in
Business Formation, Business Law and Civil Litigation
for
Georgia
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
Q: Do I need a business permit to practice mobile massage ? I am a licensed massage Therapist
Nicole Theodore's answer
Yes. Even though your business is mobile, you will need an occupational tax certificate (business license) issued by the local government in which your principal office is located. You would have indicated where your principal office is when you filed your articles of organization/incorporation for your company with the Georgia Secretary of State's office.
Yes. Even though your business is mobile, you will need an occupational tax certificate (business license) issued by the local government in which your principal office is located. You would have indicated where your principal office is when you filed your articles of organization/incorporation for your company with the Georgia Secretary of State's office.
Q: So, if i can't get another court date to get the tpo reversed, what can i do? Are there any other options?
P. Justin Thrailkill's answer
Please note, if this is a follow up to a previous question posted on this board the attorneys on this board cannot see who is asking the question, so we have no idea what your previous question was. If a TPO was issued against you, you likely have very little ability to get it reversed at this point. Take your TPO to an attorney and discuss your case with them. They will be able to advise you if you have options for getting it set aside or modified. If you aren't able to do so, you are just...
Please note, if this is a follow up to a previous question posted on this board the attorneys on this board cannot see who is asking the question, so we have no idea what your previous question was. If a TPO was issued against you, you likely have very little ability to get it reversed at this point. Take your TPO to an attorney and discuss your case with them. They will be able to advise you if you have options for getting it set aside or modified. If you aren't able to do so, you are just...
Q: I was stopped for out of date tag (my sons vehicle.) When he ran my info I had 3 warrants. Theft by taking-terrorisitic
Forrest Clinton Barbour's answer
You definitely need to hire an attorney as soon as possible. Many of us offer free consultations.
Clint
This communication does not form an attorney-client relationship. No attorney-client relationship can, or will, be formed without a contract detailing the terms of the relationship and signed by the represented party and an attorney of the firm. Please consult www.bbtlawgroup.com for further information regarding this policy.
You definitely need to hire an attorney as soon as possible. Many of us offer free consultations.
Clint
This communication does not form an attorney-client relationship. No attorney-client relationship can, or will, be formed without a contract detailing the terms of the relationship and signed by the represented party and an attorney of the firm. Please consult www.bbtlawgroup.com for further information regarding this policy.
Q: What sate code governs child support cases where both parent has equal custody of the children?
3 Answers
| Asked
in
Divorce, Family Law, Child Custody and Child Support
for
Georgia
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
Regina Irene Edwards' answer
You can hire an attorney and file for a modification in Superior Court. You don't have to go through child support enforcement to adjust child support, nor do you have to agree with their recommendation.
You can hire an attorney and file for a modification in Superior Court. You don't have to go through child support enforcement to adjust child support, nor do you have to agree with their recommendation.
Q: Can my husband's family file for custody even though we are still married and they reside with them?
P. Justin Thrailkill's answer
It is possible they could file for visitation rights. They have to be able to show a close and continuing bond with the children that would be broken if visitation was denied.
It is possible they could file for visitation rights. They have to be able to show a close and continuing bond with the children that would be broken if visitation was denied.
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