Lawyers, Answer Questions  & Get Points Log In
Georgia Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can a PI use an eavesdropping and/or location tracking device in Georgia, a one-party consent state?

If police need a warrant for this, and it is unlawful for a private citizen to do so, wouldn't it also be unlawful for a PI to do the same? If lawful, why could information gathered this way be admissible in child custody cases when if gathered by a private citizen or law enforcement agency it... Read more »

Zachary Taylor Beck
Zachary Taylor Beck answered on May 9, 2022

It is not illegal for a private citizen, which is what a private investigator is, to put a GPS tracking device on a vehicle in Georgia as long as it does not damage the vehicle and is not used to stalk or harass. The police are "state actors." Thus, the 4th Amendment's prohibition... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can a PI use an eavesdropping and/or location tracking device in Georgia, a one-party consent state?

If police need a warrant for this, and it is unlawful for a private citizen to do so, wouldn't it also be unlawful for a PI to do the same? If lawful, why could information gathered this way be admissible in child custody cases when if gathered by a private citizen or law enforcement agency it... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on May 9, 2022

It is not illegal for a PI to place a tracking device on a car that the client owns or that is in a public place. It is admissible in custody cases and not the same as a criminal case.

View More Answers

1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I need legal help very bad. I have filed for divorce back in 2017 and my x refused to show up for court

My x convinced his parents to call DFCS bc he thought I was on drugs (really bc he later learned I had started dating someone)

His parents are millionaires (truth) and managed to get temporary custody now refusing to give her back bc they don’t like my boyfriend

Judge said I... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 6, 2022

It does sound like you have a lot going on. You should consult with an attorney who can review the case in detail and provide you with guidance. If you can’t afford an attorney try contacting Legal Aid to see if you qualify for assistance.

1 Answer | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: I voluntarily closed a reunification because dfcs and my kids father defense. Mentally I'm ready now how do I reopen?

I called dfcs for assistance and explained how I had nothing and nobody to help me after losing my car and having to quit my job no daycare choices for my hours. Mentally I became worse the more they tries to "help" to where I responded I rather die before you continue embarrassing me.... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 6, 2022

You have a lot going on here. You should consult with an attorney who can review the facts of the case in detail, help you sort it all out, and provide you with guidance.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can a business, estates, tax, and collections lawyer represent one person in 2 cases against the same defendant?

One case is divorce child custody and the other was a criminal case. We have minor children together I never was able to seek legal representation my ex talked me into signing papers at his attorney's office I do not understand nor comprehend any of this. On top of that the same lawyer and my... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Apr 28, 2022

You have a lot going on with this. I would be wise to consult with an attorney of your own and discuss the facts of the case so you can get some guidance. The custody of your children is at stake, so don’t delay in getting your own attorney.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I just need a person i can talk to real quick bout what im going thru right now please

Anything that's going on with the child in not trying to help the parents with the child but i think i can talk better then typing i just need someone whose with stuff like this in know more bout this that can talk to me better

Homer P Jordan IV
Homer P Jordan IV answered on Apr 20, 2022

Sure, you just need to give an attorney a call. Most offer a free initial consultation to discuss what the case is about.

1 Answer | Asked in Child Custody for Georgia on
Q: I was awarded full custody of my grandson, However, I need to change the time of supervised visits.

Can I make these changes without going back to court?

Regina Irene Edwards
Regina Irene Edwards answered on Apr 16, 2022

If the other party agrees to the time change, it's fine. If not, you will have to go back to court.

1 Answer | Asked in Child Custody for Georgia on
Q: If I seen a person driving under the influence of meth with a kid in the car can I wait 1 week then report it to cps
Zachary Taylor Beck
Zachary Taylor Beck answered on Apr 7, 2022

You can report it. However, it will be within CPS's discretion to investigate the allegations or not. The amount of time you waited before reporting may cast doubt on the veracity of the allegations.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Need help with daughter, her mom won't let me see her..she done move in with a guy twice her age

I'm afraid of her safety

Homer P Jordan IV
Homer P Jordan IV answered on Apr 6, 2022

Were you married to the child’s mother or have you legitimized the child? If not, then you have no legal rights at this point. You will need to work with an attorney to legitimize the child so that you can gain rights to see her. Then if the mother denies it she will be in contempt. Consult with... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Is there a way for me to cut contact with my child’s father? (For the better interest of my child)… I’m 18 and he’s 19

I had my baby when I was still a minor and we’re not nor ever were married. He didn’t wanna sign the birth certificate since the baby didn’t get his last name so he’s not even on his certificate. He barley sees him and doesn’t contribute towards him at all. As of now it’s just taking... Read more »

Zachary Taylor Beck
Zachary Taylor Beck answered on Apr 4, 2022

Based on the limited facts provided, it appears the biological father has not legitimized his relationship with the child (i.e. the biological father has not taken the necessary legal steps to be considered the legal father). If that is the case, you would have sole legal and physical custody of... Read more »

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: Hello, Me and my child’s father just finished a final order last year and these past weeks my son has not been wanting

To go to his father house due to exclusive smoking, guns and bad language and he told us he is tired of it. He’s only five years old. In the final order it states no guns no drugs and yet he defies it all. The father has been rejecting visitation. What should I do?

Zachary Taylor Beck
Zachary Taylor Beck answered on Mar 31, 2022

Assuming you and your child's father share joint legal and physical custody pursuant to the final divorce order; you would petition for a modification of child custody (most superior court clerk offices have forms) in the superior court that issued the final divorce order. Note, you will have... Read more »

1 Answer | Asked in Divorce, Child Custody, Communications Law and Juvenile Law for Georgia on
Q: am i allowed to record my facetime conversations with my daughter? Mother is an attorney & doesnt consent

Im recording bc mother has accused me of being drunk and slurring words .. so i bought a breathalyzer .. record blowing bf and after i facetime with my daughter .... i have been recording our facetimes bc of accusations ... mother emailed me said she doesnt consent to the recordings citing private... Read more »

Zachary Taylor Beck
Zachary Taylor Beck answered on Mar 31, 2022

No. See O.C.G.A. section 16-11-62. While Georgia is a one-party state, requiring the consent of only one party to a telephone conversation to record that conversation, Georgia requires the consent of all parties to record a video chat (i.e. FaceTime) in a "private place and out of public... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I have been separated and trying to get a divorce since 2017. My son isn't his do we need his info to get a divorce

Me and my husband have been separated and he knows the child isn't his in the state of Georgia do you need a childs information for a divorce even if we were separated when the child was conceived? Needing to know asap

Zachary Taylor Beck
Zachary Taylor Beck answered on Mar 31, 2022

Based on the limited facts you provided, the short answer is no. If your husband has not legitimized or adopted the child, then he is not the legal father and custody/child support would not be handled in your divorce proceedings. However, you should consult a lawyer to better understand the facts... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody, Child Support and Probate for Georgia on
Q: What petition can I file to a court that involves my mother lying on anofficial court petition? Is it illegaltolie on pe

My mother lied multiple times on a petition to take my kids. She said I abandoned my kids when I did not. She kicked me out and I let my kids stay with her to have consistency but I was there every day with them, picking them up from school and caring for them until they went to bed. And on... Read more »

Zachary Taylor Beck
Zachary Taylor Beck answered on Mar 30, 2022

This boils down to an evidentiary question. Contest your mom's allegations with your own evidence (i.e. witnesses, phone records, etc.) in court and it is up to the judge or jury to determine what is credible evidence and therefore "fact." Remember, petitions merely consist of good... Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: My child doesn't feel safe (her words) going to her dads what can i do?

My daughters father has been emotionally and verbally abusive, her behaviors and things she has said he tells her line up with all her now problematic behaviors. She also informed me tonight that she was touched not on the private, but under pants by her fathers mother. What can I do legally... Read more »

Zachary Taylor Beck
Zachary Taylor Beck answered on Mar 30, 2022

Assuming you and your daughter's father share joint legal and physical custody; you would petition for a modification of child custody (most superior court clerk offices have forms) in the superior court where the child resides, or if you have a parenting plan based on a prior court judgment,... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I'm in the middle of a dfcs case and I gave temporary guardianship to my brother and now they point a motion contempt

Can they do that I don't understand what I did wrong

Homer P Jordan IV
Homer P Jordan IV answered on Mar 29, 2022

We would need to know more about the facts of your case in order to provide guidance. Consult with an attorney who can review the facts.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I'm primary custody parent&the mother has taken child out of state to Georgia to keep without my knowledge. Advice?

I'm coming to Georgia in 2days. She was to watch our son at his Grandmother's in Florida while I had surgery in Miami. His Mom came to Florida, took our son to GA., and when I asked for our son back she told me to leave him alone she's keeping him for good. The child lives with me... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 22, 2022

Wow! That sound like a terrible situation for your son. He must be so confused not knowing what is going on. If you have a Court Order that you have custody, it sounds like contempt may be in order. You should consult with an attorney to assist you in getting your son back as the Court Order... Read more »

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Federal Crimes for Georgia on
Q: How can a lawyer prove someone is not guilty of child cruelty ?
John Kim
John Kim answered on Mar 19, 2022

This is a very broad question - it may help if you tailor your question a little bit more to receive better responses. However, in general, a lawyer will use all the evidence in the case to provide the best defense for his/her client. This can be achieved through various ways (i.e., communications... Read more »

View More Answers

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.