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Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Georgia on
Q: How can I have my ex boyfriend's rights terminated we where never married and he is not a stable person

He was a heavy drug user just got out of jail on kidnapping charges as well he is a very bad person he has not seen our little girl but 2 times in almost 3 years once when she was born and then once when she was 2 months there was a tpo in place but I was talked into dropping it now I wished I... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 31, 2020

If he hasn't filed for legitimation, then he doesn't have any rights to terminate at this point. You by default have full custodial rights.

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

Fair, Flat Fees Only - No Hourly Billing

1 Answer | Asked in Child Custody for Georgia on
Q: What if you find out someone was getting child support illegally and they got it for 7 yrs like that
Ellaretha Coleman
Ellaretha Coleman answered on Mar 27, 2020

Without more facts, we will be unable to answer your inquiry.

1 Answer | Asked in Child Custody for Georgia on
Q: Does covid19 19 effect child custody

Existing order

Regina Irene Edwards
Regina Irene Edwards answered on Mar 27, 2020

No, the existing parenting plan remains in place.

--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: Does covid19 effect an existing child custody order if I feel my child will be safer in my(primary parent) home?

Covid 19

Regina Irene Edwards
Regina Irene Edwards answered on Mar 27, 2020

No, the parenting plan must be followed.

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

Fair, Flat Fees Only - No Hourly Billing

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3 Answers | Asked in Child Custody for Georgia on
Q: My parenting plan reads that the child is with me "from school recess on Thursday until school reconvenes on Tuesday".

School is not in session so how can this be handled? The other parent is not willing to move to week on/week off like the summer schedule or offer more time with school out. Do I have any legal ground to stand on? There is no recess or reconvene because school is not in session. No mandatory school... Read more »

Samantha A Holloway
Samantha A Holloway answered on Mar 23, 2020

School closures due to COVID-19 have presented new challenges. Some courts has issues orders explaining what should happen now that school is on an extended break. Others are silent. I would suggest that you contact a lawyer so that he/she can view your Parenting Plan and provide any guidance from... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: After custody papers have been signed in GA. How soon can someone be taken back for attempt to modify said agreement?

There is also no pending contempt charges or endangerment issue with the primary custodial parent.

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

There is no time limit. However, you have to prove that there has been a substantial change of circumstances since the original order.

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

Fair, Flat Fees Only - No Hourly Billing

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can my ex wife refuse to give me visitation due to fear of corona virus?

My ex wife is refusing to give me visitation with my daughter until the Corona virus outbreak is over. I typically have my daughter Wed night and return her Thursday morning and 1st and 3rd weekends and alternating 5th weekends. She says she is protecting her family but I'm not sick, neither her... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 16, 2020

You need to consult with an attorney. First, you aren't going to go until August or September without seeing your daughter. The first step is to try to work it out with your ex, outline your social distancing and cleaning procedures in your home. If she still refuses, the court may grant an... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How do I file a petition to change child custody?
Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2020

There is no form document for a petition to modify custody. You will need to allege in the petition that there is a material change in circumstances since the entry of the current order and will need to specify what those material changes in circumstances are. You will need to file the petition... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What steps do I take to file for full custody and child support from 50/50 custody with out child support

He no longer has her 50 percent of the time and isnt helping out financially.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2020

You will need to file a petition to modify custody with the superior court of the county in which he lives.

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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: What document do I file to rescind a decision after mediation. I was Pro Se, he had an attorney.

* edit - I have to rescind this order on 3/15/20, I do not have funds to hire an attorney nor do I have time to schedule with one before my grace period expires. I am planning to go to the courthouse in the morning but they will not tell me what to file.

This is concerning a revision of a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 15, 2020

Consult an attorney immediately. Even if you are able to rescind, there may be time limits that apply.

3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Q: I really have a few questions need help plz.

Georgia DFCS is trying to terminate my rights when I've done what they ask. Please someone help me find out how to file appeals and know my rights.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2020

You need to immediately consult an attorney to discuss your options.

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4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I'd like to get a consultation on obtaining legal custody of my son.

Hello,

I'd like to get a consultation on obtaining legal custody of my son. He lives with his mother (my ex-wife) and stepdad. My ex-wife has an alcohol addiction. Last October she got into a car accident while being drunk. She was in a rehab all December but she started drinking as soon as... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 12, 2020

You need to file a modification action immediately given these circumstances. If there are genuine issues of safety with the minor child, you may be eligible for an emergency hearing as well. We are here to help if you need it. (404) 525-3080 ejoneslaw.com

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3 Answers | Asked in Child Custody and Divorce for Georgia on
Q: can i terminate biological mothers rights that has been gone and out of the picture for 15 months and get divorced
Ellaretha Coleman
Ellaretha Coleman answered on Mar 11, 2020

Whether a termination of rights is appropriate is extremely fact specific. The simple fact that she has not been involved for 15 months alone is typically not going to be enough to move forward on a termination of her parental rights. However, that may give rise to a claim for sole legal and... Read more »

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2 Answers | Asked in Child Custody for Georgia on
Q: MY wife left with our 3 year son. What are my options?

MY wife left with our 3 year old son. What are my legal options?

Regina Irene Edwards
Regina Irene Edwards answered on Mar 10, 2020

You can file for divorce and ask for parenting time.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What happens if the opposing attorney does not respond back to your attorney?
Ellaretha Coleman
Ellaretha Coleman answered on Mar 10, 2020

It would depend on the specific circumstances of the request or communication. More facts would be needed to adequately answer your question.

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1 Answer | Asked in Child Custody for Georgia on
Q: Where do I get the correct petition for change of custody form in Georgia?

I have searched the web but unsure which one is the correct form. Also the court house won’t give the form to me to fill out. Was told I have to do it on my own

Regina Irene Edwards
Regina Irene Edwards answered on Mar 8, 2020

There really isn't a form. Every change of custody petition is different, as your reasons for trying to modify custody are going to be different from anyone else's. You should consult with an attorney about your case.

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

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: What methods does Georgia provide for enforcement of alimony and child support orders? What is the state statute?
Terri Herron
Terri Herron answered on Mar 7, 2020

If your ex spouse isn’t paying child support and alimony, we can file a contempt action and ask for an Income Deduction Order.

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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: I want to file for divorce our child is 17 & turns 18 in July. Should I wait for her 18th birthday to file for divorce?

I don't want courts to decide custody & support. Our child graduates high school in May, but doesn't turn 18 until July. I want to know if I can file in May, or if I should wait until July.

Regina Irene Edwards
Regina Irene Edwards answered on Mar 6, 2020

You can file in May. After July, there are no custody issues, and there would only be 2 months left of child support, but the odds of getting a hearing before the child turns 18 is not good.

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

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What form do I need to fill out to voluntarily terminate my parental rights?
Ellaretha Coleman
Ellaretha Coleman answered on Mar 5, 2020

There is no form to fill out to voluntarily terminate your parental rights unless someone is stepping in to do a step-parent adoption.

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