Georgia Questions & Answers by Practice Area
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Georgia Questions & Answers
Q: CAN THE MOTHER PUT CS ON THE FATHER BUT HAS WARRANTS OUT FOR CS ON HERSELF DUE TO NON PAYMENT FOR 4 OTHER CHILDREN?
1 Answer
| Asked
in
Adoption, Family Law, Child Custody and Child Support
for
Georgia
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Regina Irene Edwards' answer
As long as the child is living with the mother, she can ask for child support. If the father wants custody, then he should file immediately, but at the same time pay the mother for any months the child is not in his care.
As long as the child is living with the mother, she can ask for child support. If the father wants custody, then he should file immediately, but at the same time pay the mother for any months the child is not in his care.
Q: Once a police report is made for domestic violence, is it up to victim whether charges are pressed or is it up to the DA
Olga Izmaylova's answer
Once the State gets involved in prosecuting the case, it is up to the State whether to proceed with the charges. However, usually, the prosecutor will take the victim's position regarding further prosecution into account when deciding whether to proceed with the case.
Once the State gets involved in prosecuting the case, it is up to the State whether to proceed with the charges. However, usually, the prosecutor will take the victim's position regarding further prosecution into account when deciding whether to proceed with the case.
Q: Can a solicitor change your citation from disorderly conduct after hearing your side of the story to obstruction
William Head's answer
Being charged is not being not being convicted. Get a lawyer, and fight it. And, get a new roommate.
Being charged is not being not being convicted. Get a lawyer, and fight it. And, get a new roommate.
Q: Can I be held liable for something a child not in my custody at the time & one which Im not legitimized for per Ga law?
Ellaretha Coleman's answer
Unfortunately, your question is too vague to provide an accurate response.
Unfortunately, your question is too vague to provide an accurate response.
Q: Can I patent a baby booster seat?
Mark David Torche's answer
The simple answer is yes, if you have a new or inventive improvement over the baby seats that have come before. Most patents are for improvements rather than completely new fields of inventions. You need to talk with a patent professional to help you decide whether your invention is likely to receive patent protection.
The simple answer is yes, if you have a new or inventive improvement over the baby seats that have come before. Most patents are for improvements rather than completely new fields of inventions. You need to talk with a patent professional to help you decide whether your invention is likely to receive patent protection.
Q: Can the sister of my sister in law take away my sister in law's and brothers kids?
Ellaretha Coleman's answer
That depends on the circumstances. In some instances, third parties may be successful in obtaining custody where the parents have been shown to be unfit.
That depends on the circumstances. In some instances, third parties may be successful in obtaining custody where the parents have been shown to be unfit.
Q: Can I change my sons last name without having to deal with his father? See details
Ellaretha Coleman's answer
If he has not participated in the child's life or contributed financially since he was 18 months old, the father may not be entitled to notice of the name change. In that case, you can proceed with the name change petition unilaterally.
If he has not participated in the child's life or contributed financially since he was 18 months old, the father may not be entitled to notice of the name change. In that case, you can proceed with the name change petition unilaterally.
Q: My ex husband is pressing charges for adultery after seperation.
Robbie Levin's answer
The best thing to do if you are charged with any crime is to hire an experienced criminal defense lawyer.
For more information, visit my website at www.LevinLawyerGa.com
The best thing to do if you are charged with any crime is to hire an experienced criminal defense lawyer.
For more information, visit my website at www.LevinLawyerGa.com
Q: Can a police officer charge you with aggravated assault and property damage 2nd degree if person say you didn't do it?
Robbie Levin's answer
A police officer will take into account all of the evidence. The statement of a witness would be part of the evidence, but an officer could still choose to arrest a person based on the totality of the circumstances.
If you are charged with these serious felonies, please contact a criminal defense attorney ASAP. For more information, visit my website at www.LevinLawyerGa.com
A police officer will take into account all of the evidence. The statement of a witness would be part of the evidence, but an officer could still choose to arrest a person based on the totality of the circumstances.
If you are charged with these serious felonies, please contact a criminal defense attorney ASAP. For more information, visit my website at www.LevinLawyerGa.com
Q: From what I've researched, the fine for driving with a suspended license is $1000. Is there a reason mine was 2700
Robbie Levin's answer
For a first offense, the maximum fine would be $1,000. For a second or third offense, the maximum fine would be $2,500. There would also be statutory surcharges added to the fine that could account for the amount reaching $2,700. It's also possible there were other charges to which you plead guilty.
For more information, visit my website at www.LevinLawyerGa.com
For a first offense, the maximum fine would be $1,000. For a second or third offense, the maximum fine would be $2,500. There would also be statutory surcharges added to the fine that could account for the amount reaching $2,700. It's also possible there were other charges to which you plead guilty.
For more information, visit my website at www.LevinLawyerGa.com
Q: Is 16-10-20, falsestatement and written acts a felony?
Robbie Levin's answer
OCGA 16-10-20 is a felony with 1 to 5 year sentence.
For more information visit my website at www.LevinLawyerGa.com
OCGA 16-10-20 is a felony with 1 to 5 year sentence.
For more information visit my website at www.LevinLawyerGa.com
Q: I can't afford a lawyer what should I do
Regina Irene Edwards' answer
Ask about going to mediation to resolve the case without a trial. At the very least, you should meet with an attorney for advice on a parenting plan going forward.
Ask about going to mediation to resolve the case without a trial. At the very least, you should meet with an attorney for advice on a parenting plan going forward.
Q: I have custody of my 16yr old child who went to visit her fathers family in Ny who now refuses to send her back
Ellaretha Coleman's answer
No. If you have custody of your daughter and they are withholding her in violation of that custody order, you should contact the police to have her returned.
No. If you have custody of your daughter and they are withholding her in violation of that custody order, you should contact the police to have her returned.
Q: How would I terminate temporary gardenship?
Ellaretha Coleman's answer
It depends on how the grandmother obtained guardianship. I'm concerned that your summary mentions dfacs. If this was a guardianship issued through a dependency case in juvenile court, you can not just terminate the guardianship like in voluntary guardianship. You should consult with an attorney to discuss your options.
It depends on how the grandmother obtained guardianship. I'm concerned that your summary mentions dfacs. If this was a guardianship issued through a dependency case in juvenile court, you can not just terminate the guardianship like in voluntary guardianship. You should consult with an attorney to discuss your options.
Q: Can my child's father get joint custody if he's only comes home one day a week from his job?
1 Answer
| Asked
in
Family Law, Child Custody and Civil Litigation
for
Georgia
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Ellaretha Coleman's answer
A parent's work schedule is only one of many factors the court uses to determine custody. We would need to know more specific facts of your case to give you an adequate answer to this question.
A parent's work schedule is only one of many factors the court uses to determine custody. We would need to know more specific facts of your case to give you an adequate answer to this question.
Q: Mom lived in GA for one year and opened up a bank account. When she died, it had under $900 in it, bank won't release.
Robert W. Hughes Jr.'s answer
If your mother passed away in New Jersey, you will need to proceed under New Jersey law. If Georgia, then Georgia law. Ultimately, if the bank is located only in New Jersey, you will need to follow New Jersey law to get the money from the bank.
If your mother passed away in New Jersey, you will need to proceed under New Jersey law. If Georgia, then Georgia law. Ultimately, if the bank is located only in New Jersey, you will need to follow New Jersey law to get the money from the bank.
Q: How to make a guest who has never paid rent leave your home after you've given them a 30 day notice and they refuse
Robbie Levin's answer
The situation you describe is not really a landlord/tenant relationship. This person is merely an invited guest. When a guest is told to leave, and they don't leave, they are a trespasser. At that point, you should call the police and have them removed as a trespasser. The person could also be arrested for criminal trespass.
If a landlord/tenant relationship is deemed to exist, you would need to file a dispossessory action to evict the person.
For more information, check my...
The situation you describe is not really a landlord/tenant relationship. This person is merely an invited guest. When a guest is told to leave, and they don't leave, they are a trespasser. At that point, you should call the police and have them removed as a trespasser. The person could also be arrested for criminal trespass.
If a landlord/tenant relationship is deemed to exist, you would need to file a dispossessory action to evict the person.
For more information, check my...
Q: How can I become a foreign executor of an estate in Georgia when I live in Tennessee?
Ben F Meek III's answer
You will need to contact a Georgia probate lawyer to begin either an original probate proceeding or an ancillary proceeding in Georgia (ancillary to a Tennessee probate case, if one has been commenced). The Georgia lawyer may be able to get you appointed, depending on your relationship to the deceased or the type of interest you have in the estate, and perhaps may serve as your local agent or representative in the probate matter. Contact an experienced Georgia probate lawyer for specific...
You will need to contact a Georgia probate lawyer to begin either an original probate proceeding or an ancillary proceeding in Georgia (ancillary to a Tennessee probate case, if one has been commenced). The Georgia lawyer may be able to get you appointed, depending on your relationship to the deceased or the type of interest you have in the estate, and perhaps may serve as your local agent or representative in the probate matter. Contact an experienced Georgia probate lawyer for specific...
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