Lawyers, Answer Questions  & Get Points Log In
Georgia Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Criminal Law and Federal Crimes for Georgia on
Q: Held in Tennessee, child abandonment felony in GA

Hello, I have a question. I have a friend who was arrested about 2 weeks ago. He lives in the state of Tennessee and was arrested in a fugitive warrant out of Georgia. Come to find out the charge is child abandonment. He is being held till May with no bond. The hearing is in May. I was wanting to... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 2, 2020

More information is needed before an answer can be provided. It is in your friend’s best interest to contact an attorney who practices in Georgia and who can assist with the specifics of the case. There are many things to consider.

We are glad to assist you. Contact us whenever you are...
Read more »

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: My child is 18 and a senior in high school he lives with me if he does anything illegal will it fall on me as his mother

Will I be held responsible for his poor choices?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 30, 2019

No, you will not be responsible. Since your child is 18, she/he is an adult in Georgia. This means that she/he will be responsible for any illegal/poor choices.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Child Custody for Georgia on
Q: My child is in the 12th grade and just turned 18 is he still my responsibility?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 30, 2019

More information is needed to provide you with an accurate answer. Generally, if by “your responsibility” you mean is he emancipated/legal adult, the answer is yes. However, if you are referring to payment of child support, Georgia law requires that a parent pay support on their child’s... Read more »

3 Answers | Asked in Criminal Law, Family Law and Child Custody for Georgia on
Q: Can CPS take your kids for living with a parolee
Ellaretha Coleman
Ellaretha Coleman answered on Dec 29, 2019

That depends. If it is found that the children are in a state of dependency, the children can be removed from the home. Living with a parolee, in and of itself, is not a basis to remove the children from the home. However, some circumstances may inherently jeopardize the children, for instance if... Read more »

View More Answers

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Georgia on
Q: Can I leave out of state with my kids if I'm being mentally and financially abused in my marriage?

Will it be seen as kidnapping and will it be held against me in divorce court later on? Or will it be seen as a good thing that I got myself and children out of that situation? My only reasoning for leaving the state we currently live in is because my family lives out of state and I have no one... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Dec 29, 2019

It could possibly be held against you if you remove the children from the state in anticipation of a divorce. You should seriously consider consulting with an experienced family law attorney to discuss your options and best strategy before doing this.

View More Answers

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If the paternal father is keeping the child from its mother, is the mother within her right to take her child from him?

The couple never married, and there is no custody agreement in place The paternal father will not disclose the whereabouts of her children The paternal father allows her to speak to her children contingent on her sending him money there is no child support agreement in place.

Homer P Jordan IV
Homer P Jordan IV answered on Dec 27, 2019

There is no way to answer this without knowing more facts of the case. Were the parents married or has the father legitimized the child? Without either one of those then the father has no legal rights to the child. If they were married or the child has been legitimized then we’d need to know the... Read more »

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: how long does it take to file a motion to enforce change of custody

sons lived with me for 8 months and filed for change of custody. on the court date my ex wife met with my attorney before going in front of judge and agreed to change of custody and child support modification and signed. now that she has received the official document to sign and file she has... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 23, 2019

You need to contact an attorney. There is no way to tell if the agreement is enforceable without looking at it.

3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I am a resident of Georgia. My question is regarding child custody and legal weight of a DFACS "safety plan".

My family was evicted 2 weeks ago. During this time someone reported drug use in the home. A DFACS caseworker told me that upon finding that the child wasn't living at the potentially unsafe location, their involvement should have ended. However DFACS pursued this and made contact with my mother,... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Dec 22, 2019

A safety plan is not an order that changes custody. However, you need to speak with an experienced dependency attorney. DFCS may be in the process of filing a dependency case against you or may move forward with doing so if you object to the safety plan.

View More Answers

4 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Could I cut off contact if my ex husband is bringing mental damage to my kids and I?

We do have a court order/ divorce decree for him to contact the kids. But my ex hasn’t been contacting the kids or picking them up for visitation. So when he does contact the kids it brings the kids into a spiral breakdown where crying is happening and they asking where their dad and why their... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 19, 2019

No, and to do so means you would be violating a court order. There are potentially serious consequences that you want to avoid. It is best to contact an attorney who can assist you with the specifics of your case. We are glad to assist you. Contact us whenever you are ready.

I wish you...
Read more »

View More Answers

4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What is Georgia state statutes relevant to parental rights?

Relevant to International parental abduction, interference with custody, wrongful retaining of minor in another country.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 19, 2019

More information is needed to provide you with an accurate answer. It is best to contact an attorney who can assist you with the specifics of your circumstances. We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

View More Answers

2 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: After filing answer to divorce, what comes next? Its been filed a week ago and still nothing from his lawyer.

I dont have a lawyer and im lost in this process. He has already taken temporary custody of our son even though hes 12 and signed affidavit to live with me.

Regina Irene Edwards
Regina Irene Edwards answered on Dec 17, 2019

There isn't a short answer to your question. You need to consult an attorney who can review the court documents, hear your story and give you advice.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Do I have to get concent from the other parent to change my child's name, if his rights were taken away?

My divorce was final 4 years ago after my ex husbands arrest. In my divorce decree shows his rights were taken away and no contact put in order. he was convicted and sentenced to 30 years in prison. I did not want my last name different than my daughter's, now she is 13 and would like to have my... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 11, 2019

You can petition the court for a name change, without his consent.

View More Answers

3 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: If both parents are fine with joint legal and physical custody, will there still be a child support declaration?

We coparent just fine in my opinion and we spend the same amount of time and money with our children wether separate or together.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 10, 2019

Not necessarily. However, it is important to contact an attorney who can provide you with a tailored response, in light of your specific circumstances. I think it is great that you all have been able to come up with solutions that work for the whole family, without court intervention.... Read more »

View More Answers

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How can I get Guardianship of my nephew if my sister gives her consent? And if she refuses?

I believe my sister is neglecting her three year old son, and can provide witnesses to several events showing neglect, including leaving him in a car while she went into the store, him running around outside with a knife he got from the kitchen unsupervised, and the person who found him called for... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 4, 2019

There are options available, but more information about this case is required. These circumstances are unfortunate because there is potential child neglect. It is best to contact an attorney to discuss the specifics of your case in light of Georgia law.

We are glad to assist you. Contact us...
Read more »

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: my sister has had my son (temporary custody) for the past 2 years and now she wont let me see him. Is that legal in

She has had him for 2 years and i was keeping him every weekend and now she decided that i cant see him. I never signed and papers of full custody.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 26, 2019

Without more details it is difficult to answer your question definitively. Generally, without an order from a court of law, your sister would not have legal standing to prevent you from seeing your child.

There are many moving parts to your case, and it is best to consult an attorney who...
Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Georgia on
Q: Ok so from May 2019 when the incident occurred til nw. He wasn't charged. By me or the cops. I can still file(Dec 2019)?

He kneed me on the left side of my face, Temple and skull. I left in June, after he drug me out of his mom's house by my hair in a bra and jeans. I had shoes on. I found out my mom died 1 month and 1/2 after she passed away. I called Kevin he picked me up and went to his mom's. I took a shower and... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

Your case is unfortunate, and there are a lot of missing components, making it difficult to provide you with an accurate answer. You do have options, TPO and filing for visitation are a couple that immediately come to mind. More information is needed from you.

It is best to contact an...
Read more »

1 Answer | Asked in Adoption and Child Custody for Georgia on
Q: Can a gaurdian legally adopt children with only one parents signature and agreement.

When the other parent has a open custody case open

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

The short answer is no. In Georgia, a child who has any living parent or guardian may be adopted only if each such parent and each such guardian:

(1) Has voluntarily and in writing surrendered all of his rights to the child to the department of human services or to a child-placing agency...
Read more »

1 Answer | Asked in Child Custody for Georgia on
Q: what type of motion do i file if a child was basically kidnapped out of the home of the full time parent?

i was care taker of child mother wanted to visit child for a agreed amount of time. Child was never returned but the visitation was not court ordered

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

If there was no court ordered visitation, the mother has equal legal standing with the father as it relates to custody. You cannot kidnap your child if there is no court order forbidding visitation or contact by that parent. More information about your case is needed to provide you with a specific... Read more »

2 Answers | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Georgia on
Q: Hey there! I have a few Q& A's so let's start with this one. How long have to file charges for domestic violence?

I left Lucas's dad in july after a bad injury frm kevin in May 2019. I have no money for an attorney. He didn't allow me to work. And has legal documents& wont give them to me.I I gave him phys. Cust. Bc I don't have a set place to live he pushed for supervised visits by himself w/o a 3rd partyou... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

Without more details, it is difficult to answer your question definitively. Generally, you will want to file for visitation through the courts; this will guarantee you time with your son on a regular basis. It is really best to contact an attorney as soon as possible, especially since you suspect... Read more »

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: How would I go about starting a custody battle with my biological mother to remain in my guardians household?

She has already given temporary guardianship for the next months but my guardian and i would like to make it permanent. If it helps I am 15 and am about to be 16.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 20, 2019

Temporary guardianship may be continued by the court if the court determines that the the temporary guardianship is in the best interest of the child (you). An order for temporary guardianship can be modified (changed) only under certain circumstances. For this reason, it is best to consult an... Read more »

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.