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Georgia Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Can a mom just take a child away to another state if she is still married to the father
Regina Irene Edwards
Regina Irene Edwards answered on May 13, 2021

Yes. Both have equal rights, so she can take the child to another state. If the father has an issue with it, he can file for divorce or separation.

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1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for Georgia on
Q: what motion do I file for mistrial in Jennelle court agast dfcs and they
Michael D. Birchmore
Michael D. Birchmore answered on May 7, 2021

I'm sorry. Your question does not make sense. It is incomplete.

1 Answer | Asked in Child Custody for Georgia on
Q: is there anyway i can find a pro bono lawyer to help me in a custody case, i need help, court date is the 15th, please

this concerns my 5 year old daughter, that my mom has temporary custody of, my soon to be ex wife gave up her rights, but i havent , i dont know where to start and i need serious help, idf i anm ever going to be able to maintain my rights as her father

my name is , i can be reached at or... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 4, 2021

Unfortunately, most attorneys cannot afford to provide pro bono services to the public. You should look into GA Legal Services (website) to see if you qualify for assistance.

3 Answers | Asked in Child Custody and Juvenile Law for Georgia on
Q: What if a minor (16) runs to your home and is from an abusive home seeking safety?

Specifically, mental abuse. A lot of insults, and not allowing the child to have friends or a love life (child is 16). Punishments for unusual things like accidentally making a mess with food.

Regina Irene Edwards
Regina Irene Edwards answered on May 3, 2021

You could expose yourself to being arrested for interference with custody if you take in a minor with permission of the parents. If the child needs help, you can contact authorities in your area who can investigate.

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1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: I am trying to get advice on my divorce/custody case. I tried the Columbus number but need an extension. Can I get a ex?

Also, my husband just took my daughter to his parents without my consent. Is that legal?

Regina Irene Edwards
Regina Irene Edwards answered on May 3, 2021

Both of you have equal rights, so he is allowed to take your daughter to see her grandparents.

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My ex moved to TX. My daughter is supposed to live with him but been with me 2yrs. Does she have to go back

She 14 in aug.

Regina Irene Edwards
Regina Irene Edwards answered on May 3, 2021

You have to follow the court order unless and until it's changed. You can file a modification to formally change the custody arrangments.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Do I have a case under the equitable caregiver statute?

I have no biological ties to a child that I have cared for since her birth 11 years ago. Her mother has decided that she wants to remove her from my life? Do I have a case for visitation if I have proof that I have been providing care for all these years?

Regina Irene Edwards
Regina Irene Edwards answered on Apr 30, 2021

This law is a relatively new law. You need to speak to an attorney about your specific situation and get advice.

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can my 18 year old stay with me or does she have to stay with ex?

Custody determined while she was a minor. Still in High School. She does not want to live with her mother. Update + Do I still have to pay child support?

Regina Irene Edwards
Regina Irene Edwards answered on Apr 29, 2021

The 18 year old is an adult and can choose where she lives.

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3 Answers | Asked in Divorce and Child Custody for Georgia on
Q: How would my son get a probono lawyer to help him in his divorce case.
Michael D. Birchmore
Michael D. Birchmore answered on Apr 23, 2021

Unfortunately, it is not that easy. The "system" doesn't just provide free attorneys. Your son may go to GA Legal Services online and see if he qualifies for some type assistance.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Seeking to change the name of my minor child, and correct the father listed on his birth certificate.

The biological father and I are trying to change our son’s name and correct his birth certificate. The father listed on my child’s birth certificate is not his biological father. Due to domestic violence, the father listed on the birth certificate can not contact myself or children. What needs... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Apr 21, 2021

You may want to consult with an attorney who can help you with the proper course of action. A DNA test will show who the biological father is so that this can be corrected.

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What template should i use to file for joint custody of 2 kids between my ex and i? We're in agreement.

Shes recently been diagnosed with stage 3 cancer and in chemo, radiation and has failing kidneys. She wants this done as well as a will immediately and as cheap as possible. So were trying to file this ourselves.

Regina Irene Edwards
Regina Irene Edwards answered on Apr 18, 2021

There is no template. You should hire an attorney to handle the uncontested modification to make sure it's done correctly.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Would a "Will" help me to make my parents sole custody of my special needs child automatically?

The father and I never married. He only signed an Acknowledgment of Paternity, but he never had my son legitimized. Would that give me the right to decide who is best for my special needs son? If not, what steps do I need to take? I could bring any proof, if needed on why my parents would be best... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Apr 18, 2021

No, you can't will a child to another person. Even if you have a document expressing your wishes, the father may attempt to legitimate at that time and ask for custody. The court determines what's in the child's best interest. Your parents will have to present evidence that the... Read more »

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2 Answers | Asked in Child Custody for Georgia on
Q: How do I start the process of getting custody of my children back from my mother and stepfather?

My mother got custody of them after dcfs got involved. I was told then that when my husband and I became stable again and everything that we could get custody back from my mom. All we had to do was file the paperwork and agree on everything.

Now, someone else is telling me it isn't... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 17, 2021

Your question as you have stated it is easily answered. You first retain an attorney who is experienced in this type of law; custody, DFCS, etc. Then, you work closely with the attorney and cooperate with the attorney too. What you have been told about DFCS sounds right. You are in for a... Read more »

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2 Answers | Asked in Child Custody for Georgia on
Q: State of Ga. I have joint custody of my 11 year old son. Ex has primary physical. Can she move in with a boyfriend?

Is there a Ga state law regarding overnight stays on this?

Regina Irene Edwards
Regina Irene Edwards answered on Apr 15, 2021

There is no law prohibiting this. If your parenting plan doesn't cover it, it is allowed.

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2 Answers | Asked in Child Custody for Georgia on
Q: Can a judge give custody of my kids to the paternal grandmother without my knowledge of the proceedings/or signature?

I was in prison at the time of this filing and I never signed anything nor was I served a copy of anything other than the initial motion?

Regina Irene Edwards
Regina Irene Edwards answered on Apr 9, 2021

If an answer was not filed to the the original petition, you waived your right to further notifications of hearings. Consult with an attorney about your options.

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2 Answers | Asked in Child Custody and Child Support for Georgia on
Q: Can a family member represent me as my lawyer in child support court in the state of Georgia?

My sons father has his sister in law as his lawyer and they are both falsifying information to the court. Isn’t this a conflict of resolution?

Regina Irene Edwards
Regina Irene Edwards answered on Apr 8, 2021

An attorney is allowed to represent a family member if they wish. No one is allowed to falsify information.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What do I need to do to end temporary guardianship and get my child back?
Homer P Jordan IV
Homer P Jordan IV answered on Apr 5, 2021

You can take the step to terminate the temporary guardianship. An attorney can help you with this process.

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: If I'm ready to have my child back but the guardian doesn't agree, what will happen?
Michael D. Birchmore
Michael D. Birchmore answered on Apr 5, 2021

You have asked about this issue many times in different ways. Honestly? The best thing you can do to help yourself is to meet with a family law attorney. In that meeting, the attorney can ask you questions which will present your overall situation and allow the attorney to present an overall... Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If the grandparents have temporary guardianship of my child, can they keep me from seeing/spending time with my child?
V. Joy Edwards
V. Joy Edwards answered on Apr 3, 2021

They may be able to if the guardianship paperwork does not make provisions for you to spend time with the child. Oftentimes, the guardianship gives the guardian full control over the child. It’s likely that you will have to file with the court to amend the guardianship to grant you parenting... Read more »

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1 Answer | Asked in Child Custody for Georgia on
Q: Can I file an additional complaint to an existing case if the dependent has already answered ?

I just realized the defendant is breaking the order...in many ways

Michael D. Birchmore
Michael D. Birchmore answered on Apr 1, 2021

It is difficult to provide a dependable response given that we have very few facts of the case in your question. Sitting down and speaking with a custody attorney will always be your best course of action.

That said, if I have read your question as you intended it, you would not...
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