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Georgia Child Custody Questions & Answers
1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Education Law for Georgia on
Q: Can a CASA become a career GAL? (Be a paid GAL instead of volunteer)

Research seems to show volunteers can be GALS as a CASA but to be paid you must be a licensed mental health professional or lawyer. Are there other pathways to being a GAL?

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

From a webpage I often rely on:

Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided...
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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Title 15 - COURTS Chapter 11 - JUVENILE CODE Article 3 - DEPENDENCY PROCEEDINGS Part 1 - GENERAL PROVISIONS

How do I start the process of getting to see my son and start the legal proceedings to obtain custody help.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

It is unclear from your question whether you are the mother or father of the child. If you are the mother, if your child was taken from your custody, you should have a hearing, in order for the state to provide you with the reasons why they feel the child should have been removed from your home.... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Sister in law claims we have a dcfs case but we havent seen a case worker or judge. Can we go get out children from her

Sister in law refuses to give us our children back claims dcfs gave her custody but we havent had a court hearing or a case worker

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you have not seen any paperwork that provides your sister in law with temporary custody or guardianship, her refusal to produce your children could be considered kidnapping. I would advise you to contact the juvenile court and see if there is a case involving your minor children. I would also... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My 16-year-old daughter wants to be adopted by her stepdad (my husband)

My 16-year-old daughter wants to be adopted by her stepdad (my husband). Her birth father has not paid child support since early 2020, has not seen her since mid-2020 (June or July) and has not contacted her since end of 2020 (December). I have attempted to contact him with no luck in getting... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

You can contact the father to see if he will sign paperwork to consent to the adoption. You can also file to terminate his parental rights so the child can be adopted. I would seek an attorney who can assist you, as there are some who dedicate a part of their practice to the field of adoption.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can they terminate my rights to my children if the father has chosen to do drugs?

They have been in foster care for 18 months and talking about termination because their father is on drugs. But I have everything that was required in order for my kids to come home.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you are still living with the father after 18 months of your children being in foster care, the Court has likely determined that the children can't be released back into your home, if the father is not sober. There appear to be some details that have been left out if the Court is... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Plaintiff filed a motion of contempt saying I’m not complying with a parenting plan. Counterclaim has been filed. No res

Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case

Regina Irene Edwards
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Regina Irene Edwards
answered on Jan 20, 2023

You can't file a counterclaim in a contempt case. Having a case dismissed isn't as good as having a hearing and the Court finding you are not in contempt. Speak to an attorney about your options.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Plaintiff filed a motion of contempt saying I’m not complying with a parenting plan. Counterclaim has been filed. No res

Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

It's likely that a Motion to Dismiss will be denied. The Court is going to set a trial for the Plaintiff's contempt motion to be heard. I would focus on preparing for that hearing so that you can respond to the evidence and testimony. I would also advise you to hire an attorney prior... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: DFCS caseworker became friends with mother of my child and went to lunch during active investigation. Is that legal?

During an investigation, the case worker was not helpful to me at all. Come to find out, she befriended the mother of my child and was having lunch dates with her during an active investigation. Is that legal? If it’s not illegal, is it at least a conflict of interest? Is there a possible lawsuit... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Jan 11, 2023

These questions and concerns should be addressed to your attorney. Based upon what you have stated, from my experience I do not see a conflict. Could they have discussed the case at lunch? Certainly. Why do you believe that the caseworker is now biased against you? Again, speak with your... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: DFCS caseworker became friends with mother of my child and went to lunch during active investigation. Is that legal?

During an investigation, the case worker was not helpful to me at all. Come to find out, she befriended the mother of my child and was having lunch dates with her during an active investigation. Is that legal? If it’s not illegal, is it at least a conflict of interest? Is there a possible lawsuit... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you have a case that is still ongoing I would seek an attorney to represent me. Sometimes each parent is not given the exact amount of time in an investigation as the other. And that could be for a variety of reasons, such as, they had additional questions for the mother regarding allegations... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How long after my child is born does the father have to file for rights?

long story short my son is about 15 months old and his father has never paid child support or tried to help me out. He doesn’t visit him and the only way he sees him is if I drive him 8 hours to my home town (yes I have told him he can come visit, his reason is not being able to put miles on his... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Dec 25, 2022

You need to ask a Kentucky lawyer. Laws are different state by state.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can I track my toddler when he’s with his dad that’s NOT on his birth certificate?

My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... Read more »

Leo Hughes
Leo Hughes
answered on Dec 24, 2022

The question is whether the bio father legitimated the child or not. It’s a court proceeding. If the child is not legitimated, the father has no legal rights over the child - no right of visitation or custody.

1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: My wife and I are currently going through a divorce but she refuses to sign the paperwork and won't let me see my son.

Is there any type of emergency order I can file for parenting time with him?

Robbie Levin
Robbie Levin
answered on Dec 24, 2022

It sounds like you need a Temporary Hearing to set up visitation until the Divorce can be finalized. The court can set a time/date for a temporary hearing.

For more information, visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: Can I track my toddler when he’s with his dad that’s NOT on his birth certificate?

My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... Read more »

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

In the absence of a court custody decree, a child’s father has the exact same legal rights as a child’s mother.

Would you be upset if he was tracking you when the child was with you?

1 Answer | Asked in Child Custody for Georgia on
Q: A woman loses custody of her child, but maintains her parental rights. What are those parental rights?
Regina Irene Edwards
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Regina Irene Edwards
answered on Dec 19, 2022

This is a specific question that can't be answered in a vacuum. I am sure there are court orders involved, so an attorney would have to review all orders in order to advise what rights she has.

1 Answer | Asked in Family Law, Child Support and Child Custody for Georgia on
Q: What can be done about the custodial parent that won't work, just wait around for child support payments?? Able-bodied.

Is there anything that can be done about the custodial parent that will not get a job? Her not working has my monthly payment sky high. She chooses to not work and get state assistance, living assistance, and child support...

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 14, 2022

No one can force her to work. You can file a modification and try to prove she is capable of earning more. Also, you have to fact in thr cost of child care if she were to work. You would have to contribute to that also.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I am an unmarried mother of a special needs child. There is no legitimization order from father. Can I move out of state

He was diagnosed bipolar and he's a compulsive liar. He refuses to go to counseling and take his prescribed medicine. I don't want to co parent because he is unstable and I want a better life for my child. My child is not happy around him and interferes with her progress.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 13, 2022

We here on Justia cannot guide and advise parents to abscond with their children to the detriment of the other parent. Moreover, no court could care less whether a parent is mentally debilitated because the court can order treatment as a component of reunification.

As for the answer to this...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: I have a question about being served divorce papers while being in a rehabilitation center and having no legal counsel

Or representation and having issues with being told that I were to pay child support and kids are in the custody of State and that I have no visitation rights how is these things possible when I wrote a letter notarized letter stating that I needed time to prepare for this civil matter while I was... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Dec 11, 2022

The court is not required to wait until you are ready. You need to hire an attorney immediately to represent your interests. A letter isn't able to be used to stop or slow down the case.

1 Answer | Asked in Child Custody for Georgia on
Q: If i have full custody do i have to send our child with my ex for visitation if i think he is not of sound mind mentally

He has visitation rights every other weekend. He struggles with mental health and addiction problems and i feel as if sometimes he is not mentally where he needs to be to watch our daughter. Legally what are my rights as far as having to send her there if he is not acting sane ?

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

You can file a modification with the Court and the Court can decide if your ex is mentally fit

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: what is the legal definition of every other weekend

I have custody of my child. her mother gets her every other weekend. my sister gets visitation the 2nd weekend of the month. my child's mother says when the second weekend of the month falls on the mother's weekend it doesn't count as her weekend but when the 2nd weekend of the month... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 30, 2022

Every other weekend is exactly what it sounds like. Numbered weekends are different. In order for an attorney to correctly interpret what your parenting plan says, you should set up a consultation so they can review the plan and give you advice based on what it says.

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Georgia on
Q: How do I respond to a filed motion from my lawyer (to withdraw) which has incorrect information?

The motion to withdraw and the certificate of notice, already e-filed with the court, incorrectly refers to me as the plaintiff a couple of times. Says that she has sent the notice to the defendant's lawyer (WHICH IS HERSELF) Because I AM the defendant. List my ex husband as the plaintiff,... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Nov 20, 2022

You can and should reply with correct information. If the motion to withdraw is granted, the information on the notice to withdraw will be used to send you future notifications in the case, so you need to make sure that that is correct. Your attorney should not yell and curse at you. That is... Read more »

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