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Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Is child support still warranted if there is joint physical custody with a 60/40 split? If so, who pays?

My ex husband and I have had joint custody of my daughter since we divorced 7 years ago. However, I have had primary custody of her legally. My daughter has expressed interest in living with her dad during the week, which is fine, as long as I still have my time with her. I have always had her... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

Child support will be recalculated based on income and other factors. I can't say whether you will or will not owe child support.

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: both parties agree on change to custody and financial agreement of children. what needs to happen to be legally binding.

is there a form that cam just be filled out and signed by judge?

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 24, 2022

There isn't one form. There are 6 different documents that need to be filed in order For this to be done correctly. You definitely want to hire an attorney to handle this, because if it is not done correctly, it could be more costly later o

1 Answer | Asked in Child Custody for Georgia on
Q: Should I still follows custody agreement if other parent not allowing me to know where my son will be staying?
Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 24, 2022

You have to follow the court order. If the other party isn't, you can file for contempt.

1 Answer | Asked in Child Custody for Georgia on
Q: Do I have to answer to interrogatories without a lawyer ?
Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 23, 2022

Yes, you do.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: What can I do about my husband legally being named the father on the birth certificate and a child's last name changed?

My daughter's biological father who has never been in her life passed away. She's never met him been around him for been involved with him ever. My husband has taking care of her since before she was even born. I would like for the biological's name to be removed and my... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 15, 2022

Your husband can apply to adopt your child.

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Can and opposing attorney bring up reasons not listed in a petition for custody hearing?

If a petitioner says their reasoning is for a specific thing, can they bring up other evidence not listed in their petition during a hearing.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 12, 2022

Yes, they can bring up anything that is related to the best interest of the child.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Am I allowed to have my son miss a supervised visit with dad for family vacations?

I currently have joint legal custody with my baby's father, and sole physical custody of my son. I am going on vacation to see my family which we do once a year so that we can all be together. My son's supervised visits are always supervised on public by someone that both parents chose,... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 2, 2022

You will need to follow the terms of the court order.

As an alternative, you may propose another day as a makeup, or agree to make the visit on the trip virtual and a makeup visitation. Any agreement should be in writing.

Otherwise, your visitation schedule may need to be revised.

1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: Can alimony be contested after final divorce if ex has made no attempt to get a job... refused some items in decree.

Divorce final for a year, alimony was set at 4 years (negotiated) + higher child support. I have 50-50 with daughter (10) and primary on son (15). She refuses to obtain life insurance as in decree and is completely living out of her means with no attempt to better herself or get a job.... Read more »

Tiffany R. Lunn-White
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Tiffany R. Lunn-White PRO label
answered on Aug 27, 2022

Whether alimony can be modified is evaluated by how your Final Judgment and Decree of Divorce is written. You must have an experienced attorney review it and advise you accordingly.

Additionally, if your ex-wife is not following the Decree, you have the right to pursue action against her...
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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Father has just as much right to son, but.mother is hiding him from her. The law will not get involved it has been 3 bef

Friend if.mine.shares custody with child . Mother refuses.to retun child and wi not tell him where his son is

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

If there is a valid, final or temporary custody order, or the equivalent of a valid, final or temporary custody order included within a divorce decree, and said order gives the father joint custodial rights or visitation rights, then the father should file a motion for contempt to enforce the order.

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Can a father take a mother to court for visitation rights. When the father is backup on child support,

The father don’t volunteer to do nothing for child skips months without paying child support. Backup on child support. Had baby out of wedlock. Never been married, and father mad cause I said child couldn’t go on a family vacation so he want to take me to court, but haven’t did anything.

Naja Burroughs
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Naja Burroughs
answered on Aug 17, 2022

Although it's frustrating to not receive regular, dependable financial support for your child, the courts do not condition visitation upon payment of child support. This means that a parent can regularly fail to help support his/her child, yet still be entitled to spend time with that child.... Read more »

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1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: I purchased a home by myself for me and my children does she need to be involved to sell?

I am going through a divorce and we have been separated for 4 years. I purchased the home 2 years ago and because she took my children recently and the car I have no choice but to sell. Does she need to at closing even if she has nothing to do with the home?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

If the home is classified as "marital property," then your ex-wife will have a "fair," equitable interest in the home. Thus, your ex-wife will likely have a say in how the home is liquidated/sold. If the home is classified as "separate property," then she will have no... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: How to request continuance for 7/14 divorce final? Atty dropped ball, then w/drew.Custody. New atty.7/14, but no prep.

Prev counsel issues. Huge mistakes. Custody battle. Dad filed emerg hearing, then not allowing Mom any visits, contempt. Moms atty never filed anything or req. f/up. Def-mom Confronted atty and atty withdrew. 4 days later hearing sched for TODAY 7/14 at 1!! Mom s/w new counsel, trying to gather $... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Jul 14, 2022

You cannot contact the court ahead of time. You can go to court and ask for a continuance for the reasons you stated. You should try to hire an attorney immediately so if the case is reset for a short time from now they can be fully prepared.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What can I do if a non-relative is keeping my child from coming home and I have full custody?

I have custody and there is no paperwork stating I dont.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 13, 2022

You can ask a Sheriff to go with you to where the child is located, after showing your order establishing your legal custody rights. If the Sheriff won't comply, you can swear out a warrant with a Magistrate or police for interference with custody.

If the child refuses to go with you,...
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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: i have joint custody my son will be 16 in september he do not want to return to his dad in buffalo due to him hitting

him and he is begging me to stay in georgia because he's scared to go back his dad has primary custody but we have joint custody what action should be taken in this situation im scared for my son his dad is a cop and threatens him also beats him up ?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 10, 2022

You need to file a modification of custody case.

1 Answer | Asked in Divorce, Family Law, Child Custody and Medical Malpractice for Georgia on
Q: Hello. I had a child born out of wedlock in Georgia, and the hospital stated by law I had to give him my (mother) last

(continued) name. My husband at the time of birth was not present and lived in another state. Did the hospital legally have to provide paperwork to me (mother) to prove that my husband was not the father and so that the child can take the biological father’s last name?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 22, 2022

If you were married, the child was not born out-of-wedlock, so the child is considered legitimate and the child of your husband. The hospital does not have to prove otherwise.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my ex husband put my 13 yr old away without my permission because he's mad about her moving with me ?

We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 14, 2022

I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: During a temporary hearing in the state of Georgia, which ended with the judge not issuing a ruling but instead

Taking it under advisement, would it be acceptable for the plaintiffs lawyer to ask the judge if he wanted her to send him case texts to help make a decision? The defendant was self-represented only because the opposing side declined when lawyer requested to reschedule so he could familiarize... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 8, 2022

You should rely on the advice of your attorney, who knows the judge and tendencies. Case law is unlikely to make a difference in the judge's ruling unless there are particular legal issues involved.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I have a 24-year-old sister who's physically and mentally disabled. If she burned herself who would be held responsible?

My Mother files her as a dependent but does not legally have power of attorney over her. I am home most of the time with her and help take care of her with cooking and changing while my mom and dad work.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 4, 2022

No one would be liable.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How much notice is needed to be given by the non-custodial parent in GA for summer vacation weeks?

Our papers state we alternate first choice of dates for 2 non-consecutive weeks yearly, dates given by April 15 each year. The papers do not state a deadline for the other parent. My problem is I work, need to arrange daycare, can’t put my son in camps and so forth without knowing as the... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 4, 2022

Unfortunately, there is no "standard," as it depends on the language of the parenting plan. The entire plan would have to be reviewed to see what the judge would determine.

It may be prudent to write a letter or email to the other parent stating that you will make other plans...
Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: Is there a public defender in Jefferson county for family court and do they have a number

Public defender for family court Jefferson county area

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 1, 2022

There is no public defender in family court. In juvenile court cases, an attorney may be appointed if a party cannot afford one and termination of rights is at stake.

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