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Georgia Child Custody Questions & Answers
2 Answers | Asked in Adoption and Child Custody for Georgia on
Q: I am 16 and have decided I want to live with my god grandmother. How can she could get custody of me? My aunt has it now

My aunt doesn’t want to let me leave at the moment. However, leaving with my god grandmother will personally be better for me in terms of happiness and my mental health along with my emotional health. According to my mother my aunt has temporary custody as well. My god grandmother is willing to... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 7, 2020

There will have to be a modification in custody, and this is filed in court. It is unclear if your aunt has legal, temporary custody of you or if she was given temporary custody with your mother’s permission. For these reasons, it is best to contact an attorney who can assist you with the... Read more »

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3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: If I’m 15 and I live with my dad and want to live with my mom. And my mom is doing everything she can but I need to be

Gone ASAP!

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 5, 2020

Since you are 15 years old, it is important to know that in Georgia a child age 14 or older has the ability to request a change of custodial parent, and when the request is made, a custody re-evaluation typically happens. The judge will seriously consider your request, but will evaluate whether the... Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: what can I do to see my children if other parent has a protection order?

we have a court order custody agreement but I can not contact him or the kids. he has had me put in jail twice. I recently filed a motion to amend our custody agreement and we have court Aug 20th 2020. I was hoping I could get some assistance as I was a stay at home mom for 8 years and right now... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 4, 2020

It is not clear if you were ordered to not contact the children as a result of the protective order. If so, the protective order would prevent visitation. However, if the protective order only involves no contact with him, you will need to arrange visitation exchange by third party. Since you have... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: How do I file do I file a decree to have a cased dismissed?

My ex husband has filed paperwork to try to take my child from me. Georgia has no jurisdiction over the matter as I live in Texas, the divorce happened in Colorado and I have never lived in Georgia. He has filed false accusations against me and I am trying to get this case dismissed in Douglas... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 4, 2020

You need to hire an attorney who can review the prior orders, gather evidence and file the Motion to Dismiss. It may require a hearing, so it's not as simple as just asking the court for a dismissal and it happens.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What happens to a 17 year old who runs away from home?

I no longer feel welcomed in my home.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 4, 2020

There are a number of scenarios that can play out, one is a runaway charge. Additionally, if there are accusations of abuse, there are other options available as well. It is best to contact an attorney who can assess the specifics of the circumstances and provide a more detailed response.... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have joint custody with my ex spounse as well court ordered parenting plan/custody rules with ex spouse.

Unfortunately he is not following the rules on the week he gets our child, he talks bad/cussing at her and bringing her in the middle of our disagreements, telling her I am a bad mother etc. She is starting to show signs of anger issues and other concerning things. I applied for legal aid and have... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 3, 2020

Your circumstances are unfortunate. More information is needed before an accurate answer can be provided. It is best to seek the assistance of legal counsel as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law...
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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My daughter told DCFS some things and then 7 months later admitted she lied. What can I do to get her back

DCFS took her without any proof of anything didn't get test results for two weeks

Regina Irene Edwards
Regina Irene Edwards answered on Aug 3, 2020

You need to get an experienced attorney who can help you with this. There are no easy answers to a complicated legal issue like this.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My daughter made accusations to DCFS in January and then recanted in court that she lied and DCFS illegally took child

Can I get my daughter back.

Regina Irene Edwards
Regina Irene Edwards answered on Aug 2, 2020

You need to contact an attorney for advice about your specific situation.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have main custody tho its joint custody our child is 2 the mother barley calls him when she haves 3 times atleast a

D

V. Joy Edwards
V. Joy Edwards answered on Jul 31, 2020

Very difficult. Terminating another parent’s rights is not something the Judges do often unless it’s in regards to an adoption. It would be easier getting an order to limit her visitation.

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: In 2015, my ex & I divorced & we had a 3 yr old son. I am looking for advice based on the original custody agreement.

We were living in Greenville, SC at the time of the divorce and custody battle. My ex was granted full custody due to an addiction issue I had had several years prior. I have been clean and continue to take drug tests, but have not seen or spoken to my son in over 5 years. His father moved to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 29, 2020

You need to contact an attorney in Florida. He has the right to remarry and not tell you.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Dropping a temporary guardianship and child is in another state. I want her to stay. Can her dad be charged with kidnapp

I am dropping a temporary guardianship my sister has in ga. I have legal custody by the state of California and still get child support. My daughter is currently in Arizona visiting her dad and grandparents, I want her to stay there until I have this dropped. My sister will contest it , I have no... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 27, 2020

If you are the custodial parent, you have legal authority to direct your daughter's whereabouts. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The...
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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have an summon to answer for Petition for Legitimation and custody for our 10 year old daughter. How do I answer?

We do not have an verbal or written agreement. Our daughter has live with him since December 2016. Reason being at the time I worked in a city that was close to his residency and her school was there also. So it was convenient for our daughter to leave with him considering he’s disabled and if... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 23, 2020

You need to hire an attorney to help you with your case. Custody cases are not easy to handle on your own and considering he has had her for 4 years, you are facing an uphill battle to get her back.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only...
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2 Answers | Asked in Criminal Law, Family Law and Child Custody for Georgia on
Q: My girlfriend/babies mother got a cruelty to children in the 1st degree charge. How is this going to effect kids/me?

She left kid's in the car while going in the store for a few minutes car was running with ac on. What should I do to protect my children?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 21, 2020

It is best to contact an attorney as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Child Custody for Georgia on
Q: My son is 15, he doesn’t want to stay with his mother anymore, I have joint custody, what do I need to do

I have joint custody, when I asked her for him she said “over her dead body”. I pay her child support , been paying it since 2007

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2020

You need to file a modification with the court. He is over 14 and can choose to live with you. You should file ASAP.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

2 Answers | Asked in Child Custody for Georgia on
Q: What is the one(maybe two)thing you should look for when deciding on a lawyer with regards to a child custody case?
Ellaretha Coleman
Ellaretha Coleman answered on Jul 17, 2020

Experience and strong advocacy. Custody cases are complicated. You want someone who has handled your type of case on numerous occasions and someone who will really go to bat for you. You're fighting for the most important thing to you, your children. That should never be taken lightly.

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2 Answers | Asked in Divorce and Child Custody for Georgia on
Q: Could someone assist with parenting plan wording / out of state travel?

Parenting plan reads "notify other parent of out of state travel fifteen days prior unless emergency or spontaneous road trip”. I haven’t even confirmed the trip but informed the other parent that I’m considering traveling and it is currently eight days out. Is there a timeframe for... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 17, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assess the specifics of your case and provide you with a tailored response.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The...
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3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can my rights be terminated if I have completed my case plan. I am the child's mother
Regina Irene Edwards
Regina Irene Edwards answered on Jul 15, 2020

Your case has an entire history that led to DFCS involvement and a safety plan. You need to speak to an attorney that can review all of the documents, evidence and hear your story before giving advice about a case in progress.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I signed a temporary guardianship for my sister to have my daughter , it's been over 6 months. Is it terminated?

I want to cancel it without her permission. She is lying and being deceitful saying I signed my rights but the paper is temporary guardianship and I want my daughter back. I think she tried to file for child support when I already have an open case and seemed custodial parent in another state. What... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 14, 2020

You do have the right to end the temporary guardianship and get your child back. You should consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action to address the situation. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a husband legally come and take the children from the mother if he hasn’t been there in 7 months

My daughter kicked her husband out of the home back in December due to violence I’m the sole care taker of my daughter and kids this man does not pay support or help with any thing these children he drinks and does drugs doesn’t have a home or job he calls her daily making threats he will have... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 14, 2020

Until she divorces him, he has equal rights to the children. So he can come and take them, just as she can take them. It would be wise of her to consult with an attorney about her options to move forward with a divorce if that is the direction she wants to go in. -Homer P. Jordan IV, Esq.... Read more »

4 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Can a husband legally come and take the children from the mother if he hasn’t been there in 7 months

My daughter kicked her husband out of the home back in December due to violence I’m the sole care taker of my daughter and kids this man does not pay support or help with any thing these children he drinks and does drugs doesn’t have a home or job he calls her daily making threats he will have... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 13, 2020

Yes. When the parties are married, they both have equal rights to the children. A divorce needs to be filed in order for a court to intervene in parenting time.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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