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answered on Sep 21, 2023

In Georgia, if you have primary custody and the father has visitation rights, the specifics of who can care for the child during those visitation periods should ideally be outlined in the custody agreement. If the agreement explicitly states that the father is not allowed to leave the child with... View More

You should hire an attorney. The attorney can discuss whether you should file a counterclaim, the matter of potential attorneys fees in a modification action, your answer and how to move forward in defense of this action. We cannot give you steps to represent yourself effectively through this... View More

To obtain a divorce, you will have to have the courts involved. Only a judge can issue a divorce decree. Most counties have a self-serve legal assistance office where you can get assistance filling out the uncontested divorce forms. They are also on most counties' clerk of court websites to... View More

The grandparents can give you the children back voluntarily at any time. If they refuse to return the children, you would have to take them back to court, file the necessary paperwork, and have them properly served. Once they are served, the case will move forward through the courts. Speak... View More

It's not going to be cheap or easy if he contests the divorce. Your easiest route is an uncontested divorce which can be finalized in as little as 31 days from filing. However, you and your spouse will need to agree on all terms of the divorce, including child custody, child support and... View More

If your spouse will sign paperwork it could be an uncontested divorce, which will reduce the costs. But all the necessary paperwork must be signed and it must be filed as an uncontested divorce. If it is contested, you could still keep your costs down with the right attorney. Speak directly with... View More

An agreement not to modify is probably not what you signed and not enforceable. Georgia can modify if they determine it's in your child's best interestm. Whether they will or not is a tougher analysis you need to speak with an attorney about.

I agree with attorney Edwards. Agreements not to modify are not typically enforced in Georgia. Your daughter's custody election is a rebuttable presumption that she should be allowed to live primarily with you, but is not absolute. The court must still make a determination of whether it is... View More

I would speak directly with an attorney and take all of your divorce documents with you. Then they can determine exactly what you orders state. However, absent viewing those documents, if the custodial parent has plans to move out of state, the notice requirement is put in place to give the... View More

My best advice would be to hire an attorney and have them file your Complaint for Divorce. I would not advise you to represent yourself. If you are seeking primary physical custody, especially if you are seeking sole legal custody as well, you are going to have to put on your case in chief to the... View More

You should speak directly with an attorney. Because we cannot advise you to simply go pick up the child without knowing where and from whom, as the situation could pose a danger. You could involve the police and have them meet you to pick up the minor child with a copy of your court order. But... View More

In extremely rare circumstances, a court may hear an emergency matter on an ex parte basis where the other party does not need to be served prior to the emergency order. But in most cases, you will need to serve the opposing party prior to the matter being heard by the court.

Hire an attorney to represent you. A lot of matters will not move forward without proof of service. Not knowing more information about what type of emergency action you have, it is likely that the other party should be properly served before the court will take up the matter.

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2023

If the father of your child is preventing you from seeing your child and you are facing custody and visitation challenges in Georgia, taking certain steps can help address the situation. Open communication with the father about your concerns and seeking mediation to find common ground are initial... View More

If you were not married to the father when the child was born and the father has never legitimized and been given custody of the child, then he is kidnapping if he does not turn the child over to you. Without marriage at the child's birth or legitimation the father has no rights to the child.... View More

If there is an order from PA, even if it was settled, the settlement should have been made a part of the final order. When you say settled out of court, was the case dismissed? Because if the case was dismissed and there was never an actual order signed by the court, then there is no order that... View More

What you need to file depends on how temporary custody was provided. If we are talking about temporary guardianship and there is an order, then you need to file to terminate that order. And paperwork can be drafted to terminate and signed by the guardians and the parents. If there was no order... View More

If you are representing yourself an attorney can't give you step by step advice of how to present your case in chief at trial. You are expected to have the same knowledge as an attorney when you are a pro se litigant. And no, the way to address someone not responding to discovery is not to... View More

Law enforcement remains the most clear remedy for her danger, and if a child is involved then Law Enforcement may need additional advocacy in order to understand the specific dangers involved. DFCS and other agencies may assist family and concerned citizens when a child is being exposed to... View More

I'm not sure how police can't help if she is being held against her will. She can call the police and they can assist her in leaving the residence. They will also likely arrest him if he is physically abusing her. She can also see a restraining order against him. She can file for a... View More