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Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Criminal Law for Georgia on
Q: If my child is not legitimated and I haven't signed a birth certificate ,can I be prosecuted for o.c.g.a 20-2-690?
Samantha A Holloway
Samantha A Holloway answered on Mar 11, 2022

I think you may have typed in an incorrect statute. If you are facing any criminal charges or being threatened with prosecution, you need to consult with a lawyer. If you. Annoy afford one, the court may appoint a public defender for you.

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Child Custody for Georgia on
Q: Husband wants divorce, found someone else after 21yrs. Moved out, got own place and we're still married.

We have 2 kids. He made me move to camden county after 19 yrs in Florida, he had me leave everything. Moved here had a kid, he feels tied down and don't like me nagging about his drinking. He's now in a relationship and moved out about 5 months ago. Doesn't want to give me half of... Read more »

Elizabeth Cruz Noellien
Elizabeth Cruz Noellien answered on Mar 11, 2022

You will need to file for divorce so that you can request child support and a request of your assets such as the 401k, and alimony if you qualify to receive it. In addition to child support you should also request help paying for child care. If you are in Georgia, child care is added to the base... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: I have 50/50 custody of my 2 kids, one lives with me & one lives with the mom do i still have to pay child support?
Elizabeth Cruz Noellien
Elizabeth Cruz Noellien answered on Mar 10, 2022

It depends on the income of the parents. If both parents have similar income then an award of support from one parent to the other for each child will cancel itself out. If one parent has significantly more income than the other parent, then the parent with more income can be ordered to pay... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Is a PO Box considered an address if a custody agreement states a 30 day notice and new address for any parent moving?
Regina Irene Edwards
Regina Irene Edwards answered on Mar 10, 2022

No, a PO Box is not an address for the purposes of move away notification.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: When sending letter to give notice of moving with kids, does it need to be certified? Or have to come from attorneys?

What if you don’t have exact address yet since you can’t lock in lease not knowing if ex will file case against it yet? Move would be within Georgia

Regina Irene Edwards
Regina Irene Edwards answered on Mar 4, 2022

You have to give the notice with the address. It does not have to be certified, but you should be prepared to prove they received it. So, you can send the letter via text, email and fedex to have confirmation of receipt.

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can I move 60 miles in Georgia with kids if ex objects? I have primary physical custody. His time is every other weekend

There is history of DUIs and domestic violence issues from ex as well.

Regina Irene Edwards
Regina Irene Edwards answered on Mar 3, 2022

You must give 30 days written notice including an address to which you are moving. If there is no case filed before the 30 days, you are free to move. If you are served with a case, contact a lawyer immediately.

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If I been caring for my grandchild since birth can the other grandparent stop me from seeing the child which is 5yrs.

The mother and father are incarcerate at this time

Homer P Jordan IV
Homer P Jordan IV answered on Mar 2, 2022

Your post is kind of confusing. It sounds like you are caring for the child, but asking if you can see the child. You may want to consult with an attorney who can review the case in detail and present you with guidance.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My 9-year-old daughter's dad and I share joint legal custody of my daughter although he has primary physical custody.

He has kept my daughter away from me since September of 2021.. I have not been allowed to talk to or see my daughter in 5 months.. it is in the court paperwork that I'd be allowed to see and talk to my daughter.. but he has decided to completely keep her from me.. I cannot afford an attorney... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Feb 23, 2022

You have a contempt issue that can be legally handled to bring about the remedy. You will need to work with an attorney, but you can discuss the possibility of having her pay the legal fees since she is in contempt.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My ex is making my son repeat the 11th grade so he graduates a year later.He has not failed any classes is not SPED.

I have joint legal custody of my son. His mother has primary custody. My son is in the 11th grade and has never failed a class and is on track to graduate at the age of 18 in May 2023. Last week, without consulting me as required by the Parenting Plan, she withdrew him from his school and enrolled... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Feb 23, 2022

She could be in contempt here. You should consult with an attorney who can review the facts of the case in detail and present you with guidance and options on how to best handle the situation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Child Custody(we have proof of everything bad she says to him by messages)

My husband brought his now 3 year old daughter from Honduras with him in 2019 to the US. She lives here in Kansas with us and has immigration court proceedings with him here in Kansas City Missouri. We sent the 3 year old to visit the mom who lives in Norcross Georgia, the agreement verbally was... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Feb 23, 2022

With a custody issue like this it is best to consult with an attorney who can review the facts of the case in detail and help you with the proper course of action.

1 Answer | Asked in Child Custody, Divorce, Land Use & Zoning and Criminal Law for Georgia on
Q: How do I go about getting my kids back. My house back and all the property my wife has damaged.

She is on prescription medication including methamphetamines. is charged with domestic violence with the band stating she’s not allowed on my property. Was back on my property and charged with assault and battery. abuse my children. Stolen broken my property. Filed for divorce

will... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Feb 23, 2022

It sounds as though there is a police record of this, since she was charged. You should consult with an attorney who can review the facts of the case in detail and present you with the options.

2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: If We’ve already filled for divorce but they say something is missing out of the paper work how do I know what’s missing

We can no longer find her to change the paperwork

Robbie Levin
Robbie Levin answered on Feb 22, 2022

If you tell me which documents you have filed, I can probably tell you what’s missing.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: In Georgia, can a parent voluntarily give custody of their child to the child's grandparents? If so, how?

If not, can the parent sign a power of attorney so the grandparent has the ability to sign for academic and medical-related forms?

Bettie Carmack
Bettie Carmack answered on Feb 20, 2022

Hello:

This question is unclear. Both parents would have to be involved in the decision to transfer custody of the child to the grandparents. The school district determines what level of custody is required to enroll the child in school. To relinquish medical decisions to a grandparent...
Read more »

1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: In joint custody, if child wants to live w me at 14, can he attend school in my County if dad gets final say per decree?
Regina Irene Edwards
Regina Irene Edwards answered on Feb 10, 2022

You will need to file a modification to address all issues. Your child can't just move in with you at 14. There needs to be a revised court order.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I trying to get help getting custody of a baby I had since 2 months old mom got when she only wanted to. Never helped

The mother would bum and borrow money and. NEver help with the said children I have proof and text messages receipt and etc the doctors even know they been with me as well. I was always taking them to the drs she would never do anything for them. The oldest just now got where he would sleep now the... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Feb 7, 2022

You will need to consult with an attorney who can review the facts of this case in detail and present you with any options you may have.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: What is the legal term used when a child tells a mother that "daddy wants to kill you"

I'm a mentor for a woman in Georgia and I live in New Jersey and this poor woman has been put through hell &her 4 children are in temp custody of their abusive twisted husband and one conversation she had with her 4yr old, said "daddy wants to kill you" Now I don't know how... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jan 31, 2022

She needs a wholesale revisiting of her case by a Domestic Violence Social Worker who can coordinate appropriate legal assistance as this is a multifacted situation. The Child is in need of protection, and that should be coordinated likely with some state agencies due to her instability and lack... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Georgia on
Q: how much time does a person get for cruelty to children in the 1st degree and battery family violence 1st degree?
Joshua Schiffer
Joshua Schiffer answered on Jan 30, 2022

In Georgia Cruelty in the 1st is 5-20, and is very substantive charge. The Battery is likely a misdemeanor lessor included.

These cases are very factually dependent as there is almost always a lot of mitigation to be explored and the truth is NEVER reflected in the officers...
Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Litigation for Georgia on
Q: If I paid a retainer in 2020 and atty didn’t tell me she rep the def prev. Will she have to pay it back?
Robbie Levin
Robbie Levin answered on Jan 25, 2022

You should discuss it with your attorney.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can I file for abandonment if father has refused to talk to or visit with his child for over a year.

We share two children. Father does pay child support, but refuses to communicate with one child but sees the other every other weekend.

Regina Irene Edwards
Regina Irene Edwards answered on Jan 19, 2022

No, the court can't make him be a good father. He can only be required to pay support, which is what he is doing.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I’m suppose to pick my son at 6pm for a holiday schedule, but i leave work at 7pm. Can i pick him up at 8pm?

My court order says: K

The parties shall notify the other party within a reasonable

time (defined as not less than seventy-two (72) hours in non-

emergency situations) prior to their custodial periods of their

intent not to exercise said physical custodial periods.... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 12, 2022

Going by what you have posted and assuming that is the order, then if you give advanced notice you should be able to do so. Be sure to discuss it with the other parent so there are no conflicts

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