Georgia Child Custody Questions & Answers
Q: How can a judge rule on custody without any proof or allegation of abuse, neglect, or drug use. Solely because i wasn't.
I was only informed of the hearing 13 hours before. He served me the papers at the courts last known address for me and that is where he lives with his fiance. He has blocked my number and she informed me i would have to call her to speak to my children
The judge would make a ruling after reviewing the case information that is available. If you are not working with an attorney you may want to consider doing so. Consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq.... Read more »
Q: How do I file for extension to answer a custody modification?
I live in Ohio; Ex husband lives in Georgia. He has a filed for a modification of custody and child support as well as a few other things. I am still trying to find an attorney / money to afford an attorney. How can I file to extend the time I have to answer so that I can continue to get my ducks... Read more »
Contact an attorney who can review the facts of your case in detail and present you with the options. The attorney can provide you with the guidance you need to answer the custody modification. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: If I have parent consent, can i move out at 17?
I am starting college in January, but will be 17. The school is 45mins to an hour away so we are looking for my own place or a roommate who is 18+. Will my parents get introuble if they consent to it?
Until you are 18, you have to live where your parents say. If that's on a college campus or near the college and they are saying you can live there then there shouldn't be any issues. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: In the state of Georgia, can a parent legally take their children and not allow other parent to know where they’re at?
No papers or anything have been filed. One parent has moved out leaving the stay at home mom and children home. The father says he can take the children where he wants and doesn’t have to tell the mom where they’ll be. Can a father do that? Or do they have to tell the location so the mother knows?
Are you still married, or have you divorced? It sounds as though you are still married. If that is the case, you both have equal rights at this point to take the children. It's not typically a wise thing to do, however. You should consult with an attorney right away who can review the facts of the... Read more »
Q: If I've signed the papers but I'm not sure if they have filed I signed them two days ago can I change who I want to it b
What papers?
Is a settlement agreement, a petition, a motion, or an answer/response?
What do you want to change on that document?
Q: What can we do if the non custodial parent, the mother, hasn't contacted the children for 12 weeks?
The mother hasn't seen or spoken to the children in 12 weeks. She is ordered to pay child support but is 1700 behind. She will also not give us a residence where she lives. We believe her to be homeless.
We always text her to see if she will be getting the kids on her time but never a... Read more »
It is possible for a step parent to adopt children. However, there are certain legal hurdles that have to be met before this can occur. You will need an attorney to assist you to ensure that it is done correctly. I would advise that you reach out to an attorney for a consultation so that you can... Read more »
Q: Can dfcs keep my granddaughter from me?she was in my care when they took her after a tragedy.
She has been in foster care for almost a year and they will not say anything to me. Her mother my daughter is incarcerated. What can I do?
You need to speak with an attorney about your case. We can't give specific advice about a specific case without knowing the facts.
Q: How can a mother regain custody of her children.
- she has been in an in-house drug treatment program for the past 10 months and has passed hair follicle urine test in blood test and all requirements needed to graduate this program. She is employed and has adequate housing and able to provide for her children
She needs to consult about her case with an attorney. After someone has lost custody, there are many steps that have to be taken, legal and otherwise to regain custody, and those specifics should be discussed with an attorney who can review her case file and give specific advice.
Q: My daughter is 15 and lives in PA, she feels unsafe at her mom's. Her mom said she can leave. What happens if she does
Her mother has told her she can come live with me in GA on numerous occasions, but will not say that to me or provide it in writing. What can I legally do? What happens if my daughter comes here. My daughter has a history or suicide attempts. If she says she needs to leave, I can't ignore it
You need to consult with an attorney in Pennsylvania.
Q: I’m supposed to pay child support to my ex husband for our 14yr old daughter because she wanted to live with him.
I had sole custody of our daughter for the past 12 years. right before her 12th birthday in July, 2017. Dad and I divorced before she was 3 and he was gone. He tried a few times when she was 6-8 maybe but he had some other kids and all so it faded out. When she was 10 he met his now wife and has... Read more »
I'm sorry to hear you are going through this. You are asking a question about a specific case that we are not familiar with. You may want to consult with an attorney who can review the facts of the case in detail and provide you with direction and options. If you have been court ordered to pay... Read more »
Q: How do I get permanent custody of a child that I have had since March 2016? I’m now listed as the “Legal Custodian”.
March 2016 I was a “Safety Resource” for a child whom I still have today. I was granted custody in December 2016 and I’m listed as his “Legal Custodian”. This was held in Juvenile court, as the DFAC’s had removed the child. The child was removed from the biological mothers custody and... Read more »
You need to speak with a family law attorney about filing for full custody. Custody cases are difficult as it is, but much more so when a non-biological parent is attempting to obtain custody.
Q: Can defacs tell the mother of a child that she cant have any contact with her boyfriend that has no convictions with law
My fiance has an open defacs case because her mother is seeking legal custody. Now because we have no lawyer they have appointed my fiance's son an attorney and she is being told she cant have any contact with me or she could lose custody of her son and I have never been convicted of any... Read more »
Yes, DFCS can tell her that. There is a reason she is being advised to limit her son's contact with you. Her failure to listen may result in her losing her children. If she feels that is unfair or unreasonable, then she needs to hire an attorney to protect her rights.
Q: I never lost my rights. But I do not have a blood test. My aunt T have custody of my son and I’m wanting to raise him
You need to consult with an attorney about filing for legitimation and custody.
Q: My sister has a CPScase & I got put in middle of it bc she liv with me, am I part of her case or do I have a separate
My sister whom lived with me during pregnancy, during labor at hospital she tested positive for drugs so CPS visited her in hospital did their routine stuff, and case worker and police showed up at my door being as my house was also her place of residence, they did their thing and placed my kids on... Read more »
This is a question that we really can't answer without knowing the details of the case. You could contact CPS to inquire about your status in regard to this situation. We would need to know the facts in detail to provide you with more information and direction. -Homer P. Jordan IV, Esq. 404-620-1558
Q: does facebook messages matter during a custody battle
Yes, they can if they contain information relevant to parenting and co-parenting.
Q: Can I move to another state if ex has primary custody of daughter.
My fiance and I live in Ga and are moving to Tn in September. My ex has primary custody of our daughter. I am not taking her with me and plan to come to Ga for my visitation. Do I need to have permission to move by myself?
You do not need the court's permission to move. Your divorce decree may have a clause that requires you to notify your former spouse of any such changes because of the child. If it does, I would recommend that you send her a letter with that information even if you only plan to exercise your... Read more »
Q: If my child was already a year old b4 me and the father gi married, do I have sole custody?
My husband trying to keep my child from me
If you married the biological father of your child, your child is legitimation and he has equal rights. You do not have sole custody.
Q: Do I have to take my children back to their mother even though we are still legally married?
Everytime my kids come over they tell me that they do not want to live with their mother anymore. I ask them why and they tell me that they are scared of her and her boyfriend. No divorce has been filed by her or I so do I still have every right she does?
Both of you have equal rights. You need to consult with a family law attorney immediately about your situation. Trying to deny her access to the children almost always backfires.
Q: My children no longer want to live with their mother and they express this everytime they come over.
Their mother and I are still legally married,we have not been together since 2010. My children are 11 and 10 years of age. They tell me that they are scared of their mother and her boyfriend and that her boyfriend bullies my son by punching him in the arm and chest and calls him a sissy and a... Read more »
I don’t see an actual question, but hire a lawyer and file for divorce. A lawyer can help you gain custody of your children.
For more info visit my website at www.LevinLawyerGa.com
Q: If i refuse to sign legitimization papers, can i be forced to acknowledge them?
unlegitimized child. father has domestic violence charges and child cruelty. does not pay child support. may want to legitimize his son
You don't ever have to sign legitimation papers. He can file for legitimation and ask the court to award partial custody and parenting time, even if you don't agree with it. Consult with an attorney about your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
