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Georgia Questions & Answers
1 Answer | Asked in Probate for Georgia on
Q: my gps jointly owned prop; gd died in 90s; gm died 2021; 2 heirs together. gd extra 2 heirs - r they included as heirs?

My grandparents jointly owned property in Georgia. My granddad died in 1990, leaving behind 4 children. 2 of his children are with my grandmother (whose name is on the property) & 2 of his children are not related to my grandmother. Then, my grandmother died in 2021. Both of my grandparents... Read more »

Jennifer Pierce
Jennifer Pierce
answered on Feb 8, 2023

The answer is dependent upon how your grandparents held joint title - as tenants in common or as joint tenants with rights of survivorship. If tenants in common, your grandfather's heirs would inherit his 1/2 interest in the property. If the property was held with rights of survivorship,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My ex boyfriend was charged with aggravated assault and family battery. I’m the victim. We have a lease on a house

Together and of course live together, we were working on our problems together to make it work. Well last Sunday he decided to put his hands on me again and was arrested. The judge denied bond since he was already on a bond for the first case going to trial still. So he sits in Henry county jail... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2023

Lots to unpack there, and you have a lot of influence over the process as much as the State is going to use their independent tools to determine what happens.

The local prosecutors should have a victim witness team to support and guide you, although remember they work for the prosecution...
Read more »

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: My CS case is currently under review with DCS. It has been 3 months. DCS said they have to serve Mom the modification

papers. Is there a way I speed this up? Can I do my own CS case? If so what is the difference between DCS and a judge CS calculation?

Regina Irene Edwards
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Regina Irene Edwards
answered on Feb 6, 2023

You can hire a private attorney and you probably will get a result quicker. Both judges use the same rules. It's just usually quicker to go through superior court and a private attorney, but you will have to pay the attorneys fees. DCS is free.

1 Answer | Asked in Civil Rights and Family Law for Georgia on
Q: Where can i find a free civil rights attorney

over child custody due to dfacs negligence and due process

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 5, 2023

I don't know any attorney who doesn't expect to be paid just like doctors, dentists, painters, landscapers, and everyone else who provides a service expects payment. Attorney's don't support their practices and pay their staff from doing free legal work.

1 Answer | Asked in Civil Litigation, Criminal Law and Family Law for Georgia on
Q: I was assaulted by my ex’s daughter I pushed her off me and left. I was arrested 4 days later and charged with family vi

I have texts from ex stating her daughter did it because I was going to padlock the doors so she could not move in

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

Sadly these "late charges" are becoming more and more common. Its awful. You need to retain a local lawyer in West GA to assist you, as they will make the process MUCH easier as you do need to satisfy the warrant before it interrupts your life even more. They will help you with a quick... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Can the court award a financed car in my name alone to my spouse and require me to pay for it?

I have an almost new car that is financed in my name alone. My wife currently drives the car because she totaled hers last year. I drive a paid off pickup, but originally purchased the car as my sole transportation. She cannot refinance the car in her name, as her credit is very poor. She also... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Feb 5, 2023

The answer to your question is yes. The court can order you to pay for the car. Whether the judge does or not depends on a variety of factors. If she is abusive and you have custody of the children, it's less likely you'll have to give her the non paid off car. Consult an attorney in... Read more »

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Education Law for Georgia on
Q: Can a CASA become a career GAL? (Be a paid GAL instead of volunteer)

Research seems to show volunteers can be GALS as a CASA but to be paid you must be a licensed mental health professional or lawyer. Are there other pathways to being a GAL?

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

From a webpage I often rely on:

Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided...
Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: Dfndnts Ins Co doesn't wnt to pay plaintiff's req amt. Is going to ct only abt money or could the plaintiff lose the cs?
Tim Akpinar
Tim Akpinar
answered on Feb 4, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. In this type of setting generally speaking, two options are to go to court, as you mention, or to lower the amount demanded. Yes, there's always a possibility that plaintiff could lose. A case could be... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: Do I have to pay HELOC that was part of a bankruptcy? Is a HELOC recorded at court as a lean on the house?

There is no mortgage on the house. Gwinnett county records indicate a 43,000$ lean on house. Chase claims I owe $113,000 on the HELOC.

Timothy Denison
Timothy Denison
answered on Feb 2, 2023

You should have your bankruptcy lawyer pull those records asap and determine the amount owed and payment status, if any.

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How to contest Legitimation against my children's biological father?

My children's dad all of a sudden wants legal rights, my boys are 3 and 6. He has not been consistent with being there for them, making a bond or providing financially. It baffles me as to why he wants to proceed with this case other than to hurt us emotionally and mentally, and continue to be... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 2, 2023

Your kids are of such a young age that you may not be able to stop the court from allowing the father to legitimize. If he petitions the court for legitimation and asks for visitation, I would hire an attorney.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Part of my neighbor's fence has been in my backyard. I now need it moved. He is ignoring me about this, what can I do?

His fence was partially in my yard when I bought the place 8 yrs. ago & he knows that. I did say anything to him at that time.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 1, 2023

Hire a competent GA attorney now that conducts real property litigation. If you do not file suit for the Boundary Line Action, you will acquiesce to the present fence line which is physically ascertainable. Title to both properties should be searched for the common boundary. A surveyor may be... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Feb 1, 2023

The court order does not go away just because a child support payee closes a case with child support enforcement. The order is still valid and most likely the case can be reopened.

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2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 1, 2023

The mother can continue to seek child support over and over until the child no longer qualifies for support, according to the law. Closing a child support case does not mean you cannot later open another case or file in superior court for child support. She never loses her right as the custodial... Read more »

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1 Answer | Asked in Consumer Law and Criminal Law for Georgia on
Q: individual to do appraisal of valuable photos refuses to return photos. What do I do?

My mom was looking to sell photos that were taken by her mom of famous people, i.e. JFK , Astronauts john Glenn Shepard and their are many. She was to review and appraisal first and then we would go from their as to how much they are worth. She owned a Junk/Antiques and local pawn shop, The... Read more »

Robbie Levin
Robbie Levin
answered on Feb 1, 2023

If someone refuses to return your property to you, then they are committing a theft. You can call the police. You could also hire an attorney to "politely" ask the person to return the property.

For more information, visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Trademark for Georgia on
Q: If 30A is trademarked can I use thirty-a?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 31, 2023

No.

You should consult with an attorney.

1 Answer | Asked in Employment Law for Georgia on
Q: How do I go about getting some terms clarified in a separation agreement from my previous employer? I was recently fired

There are terms in the agreement that are vague. For future employment, terms like affiliates and related entities in the future concern me. My previous employer is a company that takes referrals from other doctors. I'm concerned that if I sign it, I won't be able to find another job in... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

If you have questions or concerns about signing the agreement you've been given, then you should contact a Georgia employment attorney to review your contract and discuss the circumstances of your separation. It's important to understand your rights and responsibilities prior to deciding... Read more »

1 Answer | Asked in Personal Injury and Education Law for Georgia on
Q: Can you sue a school for failing to notify a parent of a broken leg at school? Someone else called to inform mom.

My aunt was on site picking up her child when my nephew broke his leg around 2 pm. He was playing basketball at school while waiting on the busses to arrive. The school called the ambulance but never called his mom to notify her. She drove to the school (after my aunt called her) then followed the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. An important issue here would be the damages resulting from failure to notify a parent. It looks like timely response was made to summon an ambulance. The hospital delay does not appear to be the fault of the... Read more »

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: my husband child support case close now reopened without his knowledge now he is penalized

the case was supposed to be closed because the order states but the mother went back and had it reopend because the kids are in their last year of school the children are both 18 he was not notified and his employer was not informed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

Simply because a case is closed does not mean it cannot be reopened. In the state of GA child support should be paid until the children turn 18 and have graduated from high school, that is, if it is a GA child support order. If the order was signed in another state, then the non-custodial parent... Read more »

1 Answer | Asked in Adoption, Family Law and Child Support for Georgia on
Q: How do I get the father rights taken? What are the main reasons a judge will take a fathers rights?

I have full custody. My divorce decree states that he must pay child support and supervised visitations

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

There is not enough information here for me to respond as to whether the father's parental rights can be terminated. You could file for child abandonment, based on what you have written, if he has not paid child support or seen the child. But I'm not sure if what you have written would... Read more »

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: In Georgia can the Attorney for Child Support Recovery deny the CP from going before the judge if the CP requests it?

Refiled with Child Support 6/2022...after 5 years of non payment... NCP went into office 11/2022 after multiple attempts to serve at residence and paid 2k and sign continuance for court 1/25/23. NCP did not make any 12/2022 or 1/2023 payment. At the time of this court date NCP has new job of 3... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

The attorney for the state represents the child, not the mother. If you did not get an opportunity to speak in Court, the attorney for the state must have thought your testimony wasn't necessary. If you don't like how child support enforcement is seeking to obtain arrears, hire a... Read more »

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