Georgia Child Custody Questions & Answers
Q: What step i need to take to get my daughter back? Father refuse to communicate with me and i would liked joint custody?
Regina Irene Edwards' answer
You need to see an attorney about your options. If there is a court order, that would change things drastically.
You need to see an attorney about your options. If there is a court order, that would change things drastically.
Q: What happen if father filed for sole custody using a false adress for the mother?
Ellaretha Coleman's answer
The party filing a lawsuit has the burden of proving proof of service upon the other party. In custody actions, personal service is required, so he would have to personally serve you with the action. Mailing to any address would not be sufficient.
The party filing a lawsuit has the burden of proving proof of service upon the other party. In custody actions, personal service is required, so he would have to personally serve you with the action. Mailing to any address would not be sufficient.
Q: Divorce decree says kids can talk to the other parent through age appropriate devices. Is this appropriate for 4 yr old
3 Answers
| Asked
in
Child Custody, Child Support, Estate Planning and Family Law
for
Georgia
on
Answered on Apr 14, 2019
Answered on Apr 14, 2019
Kim Ebert's answer
According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce decree (and settlement agreement if there is one).
~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.
According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce decree (and settlement agreement if there is one).
~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.
Q: If it is a motion to set aside a mediated agreement... What happens if it is set aside? What's next?
1 Answer
| Asked
in
Divorce, Child Custody and Child Support
for
Georgia
on
Answered on Apr 11, 2019
Answered on Apr 11, 2019
Regina Irene Edwards' answer
There isn't a simple answer to that question. A variety of things can happen after a Motion to Set Aside. Sometimes, the parties settle with or without mediation, sometimes they just to trial.
There isn't a simple answer to that question. A variety of things can happen after a Motion to Set Aside. Sometimes, the parties settle with or without mediation, sometimes they just to trial.
Q: Can I trust a court-appointed defender in Dekalb County, where DFACS has unlawfully taken my 22-month-old daughter?
1 Answer
| Asked
in
Family Law, Child Custody and Juvenile Law
for
Georgia
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
P. Justin Thrailkill's answer
You can trust the public defender. I will tell you that you aren't the first I've heard make those allegations against DeKalb DFCS. Right or wrong, you will have the opportunity to address these allegations in court. Take advantage of the ability to have a public defender. If you are unhappy with their services, contact private counsel to take over.
You can trust the public defender. I will tell you that you aren't the first I've heard make those allegations against DeKalb DFCS. Right or wrong, you will have the opportunity to address these allegations in court. Take advantage of the ability to have a public defender. If you are unhappy with their services, contact private counsel to take over.
Q: My husband filled for divorce and unexpected.he threw me outta our home got temporary custody of our child ..
2 Answers
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
Georgia
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Regina Irene Edwards' answer
It sounds like you need to consult with an attorney about your case. If he got temporary custody, then he had some evidence to present to the judge that supported that. You will need to hire an attorney to make sure both sides are fully being heard.
It sounds like you need to consult with an attorney about your case. If he got temporary custody, then he had some evidence to present to the judge that supported that. You will need to hire an attorney to make sure both sides are fully being heard.
Q: First time failed drug test (due to over counter medication)and, now dhr is forcing me to do an assessment. But not user
Regina Irene Edwards' answer
If you don't do drugs, then do the drug assessment and it should reflect that.
If you don't do drugs, then do the drug assessment and it should reflect that.
Q: All my boyfriend money going to child support doesn’t have enough money for kids in household
2 Answers
| Asked
in
Child Custody, Child Support and Family Law
for
Georgia
on
Answered on Apr 3, 2019
Answered on Apr 3, 2019
Ellaretha Coleman's answer
If there has been a change in his financial circumstances since the entry of the child support order, he may qualify for a modification of the present order. He should consult with an attorney to discuss his options.
If there has been a change in his financial circumstances since the entry of the child support order, he may qualify for a modification of the present order. He should consult with an attorney to discuss his options.
Q: With joint legal custody does the father have to discuss medical as well as our of state travel with me? Temp order.
P. Justin Thrailkill's answer
See my answer to the other question you posted. Refer to the parenting plan. Your parenting plan will address this.
See my answer to the other question you posted. Refer to the parenting plan. Your parenting plan will address this.
Q: What are the specifics of joint legal custody in Georgia? We're supposed to discuss and agree correct?
Ellaretha Coleman's answer
Yes, he can travel with the children without telling you unless the order states otherwise.
Yes, he can travel with the children without telling you unless the order states otherwise.
Q: Can a child go with aunt and uncle if one of them is illegal
Ellaretha Coleman's answer
Go with them where? Unfortunately, your question does not provide sufficient information for us to provide an answer.
Go with them where? Unfortunately, your question does not provide sufficient information for us to provide an answer.
Q: Do both parents have equal rights for child if we are not married? Am I free to leave with my kids?
Regina Irene Edwards' answer
Both parties have equal right to the children. However, leaving with the children is usually an unnecessarily hostile way to separate. The other parent often is left with no real opportunity to see the children. You should consult with an attorney prior to leaving and taking the children. He or she may advise against it.
Both parties have equal right to the children. However, leaving with the children is usually an unnecessarily hostile way to separate. The other parent often is left with no real opportunity to see the children. You should consult with an attorney prior to leaving and taking the children. He or she may advise against it.
Q: I have an ongoing child custody issue with a non biological father who is listed on the birth certificate.
Kim Ebert's answer
Under the facts as you've stated them, I don't see termination of parental rights or adoption as a reasonable expectation on your part but I don't know enough to state definitively. I don't quite understand some of what you've written so it's tough to address things much further. Look, it's a really HIGH bar to terminate a parent's rights. Whether or not a man is the biological father or not has nothing to do with whether or not he's the legal father. You may consider consulting with an...
Under the facts as you've stated them, I don't see termination of parental rights or adoption as a reasonable expectation on your part but I don't know enough to state definitively. I don't quite understand some of what you've written so it's tough to address things much further. Look, it's a really HIGH bar to terminate a parent's rights. Whether or not a man is the biological father or not has nothing to do with whether or not he's the legal father. You may consider consulting with an...
Q: I want my son to live with my father in IL while he's in high school (4yrs). what do I need to do for guardianship?
Regina Irene Edwards' answer
There isn't enough information to answer this question. This cannot be done without the father's consent, and more information would need to be known your son's father's parental status and custody orders in place.
There isn't enough information to answer this question. This cannot be done without the father's consent, and more information would need to be known your son's father's parental status and custody orders in place.
Q: How can I fight for my children without a lawyer?
Ellaretha Coleman's answer
There is no short how to pursue a custody action that any lawyer can give you. Unfortunately, the only way to have a lawyer walk you step by step through the process is by retaining them to represent you.
There is no short how to pursue a custody action that any lawyer can give you. Unfortunately, the only way to have a lawyer walk you step by step through the process is by retaining them to represent you.
Q: How can i petition the judge to get my children back? i cannot afford a lawyer and I have all the proof I would need.
Ellaretha Coleman's answer
I strongly suggest that you retain a lawyer, especially if the other party has counsel. Custody actions are complicated and should not be taken lightly. You are going to need to respond to whatever petition they filed. Without knowing more facts of your case, we can not tell you what to do because we don't have enough information to advise you. You should at least schedule a consultation with a family law attorney to discuss your options.
I strongly suggest that you retain a lawyer, especially if the other party has counsel. Custody actions are complicated and should not be taken lightly. You are going to need to respond to whatever petition they filed. Without knowing more facts of your case, we can not tell you what to do because we don't have enough information to advise you. You should at least schedule a consultation with a family law attorney to discuss your options.
Q: My ex continue to text me about things beside our kids. The divorce says he can contact kids by age appropriate devices.
Regina Irene Edwards' answer
Ignore him. He'll stop eventually. Or just send the same response "Please do not contact me about anything other than the children."
Ignore him. He'll stop eventually. Or just send the same response "Please do not contact me about anything other than the children."
Q: Is it illegal for a man or woman to shower naked with an 8 year old girl they are not related to
1 Answer
| Asked
in
Gov & Administrative Law, Criminal Law, Family Law and Child Custody
for
Georgia
on
Answered on Mar 27, 2019
Answered on Mar 27, 2019
Ecleynne Mercy's answer
Yes it is. Very illegal. The child molestation statute does not require proof of the defendant's actual arousal; instead, the law requires only that the defendant have acted with the intent to arouse his sexual desires. West's Ga.Code Ann. § 16–6–4(a).
In GA, there has been no case law suggesting any rational basis for an adult to shower naked with a child that they are not related to.
Yes it is. Very illegal. The child molestation statute does not require proof of the defendant's actual arousal; instead, the law requires only that the defendant have acted with the intent to arouse his sexual desires. West's Ga.Code Ann. § 16–6–4(a).
In GA, there has been no case law suggesting any rational basis for an adult to shower naked with a child that they are not related to.
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