Lawyers, Answer Questions  & Get Points Log In
Georgia Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can my ex wife tell me who can watch my kids during my parenting time?
Regina Irene Edwards
Regina Irene Edwards answered on Jun 1, 2021

No, but this issue should be addressed with common sense. Don't have a convicted felon, child abuser or drug user as the caregiver. If you do use a caregiver, that person should have your ex wife's contact information and vice versa.

View More Answers

3 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: My ex filed for a divorce and emergency order with me to have no contact with the 3 kids.What happens if I prove he lied

He lied to get the emergency order.

Regina Irene Edwards
Regina Irene Edwards answered on May 27, 2021

You need to talk to an attorney about your situation. You may be able to get another hearing.

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my ex move with kids out of states, if I’m not okay with it.

She said she had to move due to not being able to afford the rent in the area that we live in and could get some help from family if she moved out of state.

Gina Anne Smalley
Gina Anne Smalley answered on May 27, 2021

She doesn't need your permission to move, but you have potential remedies to keep the children here. You should contact an attorney to discuss your options.

View More Answers

2 Answers | Asked in Divorce, Child Custody and Child Support for Georgia on
Q: What can I do?

My wife ran to Illinois with my children on February 09, 2021. On May 11, 2021 my wife filed a protective order against which the judge granted on May 25, 2021. My wife had file a protective order against me in the state of Alabama in 2012 and in the state of Georgia in 2018 and both cases was... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on May 27, 2021

You didn't ask a question, but my advice is to file for divorce in Georgia ASAP. After she is gone 6 months Georgia will lose jurisdiction over the custody of your children.

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: Hello, I’m needing assistance with how to go about moving my child out of state. The father is incarcerated

We have joint custody he is currently serving 6-7 yrs. I’m needing to move because I havre a better job opportunity and will like to be closer to family for support so I’m able to finish school

Regina Irene Edwards
Regina Irene Edwards answered on May 24, 2021

You need to send him a written letter or communication that you are moving and give him the address you will be moving to. This must be done 30 days in advance of the move. Given that he is in prison, it is unlikely he will mount a challenge to stop the child from moving. So, send him the notice... Read more »

1 Answer | Asked in Child Custody for Georgia on
Q: If I am in Georgia and my wife and 13 year old daughter are in Michigan, do I file for divorce and custody in Georgia or
Regina Irene Edwards
Regina Irene Edwards answered on May 23, 2021

If your daughter has been in Michigan longer than 6 months, Michigan is the only state that has jurisdiction over custody, so you should speak to an attorney there.

2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: How do my husband and I switch our contested divorce, already served to me, to uncontested? He has a lawyer, I do not.

We separated on the 16th of may, and I was served the petition on the 20th. It originally began as contested so he got a lawyer. I cannot afford one. However, we’ve come to agreement on our own since we still live in the same house, and we’d like to get rid of the contested and make it... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on May 23, 2021

In order for the case to become uncontested, but parties have to sign uncontested paperwork. You should consult an attorney BEFORE signing anything to ensure that what you are signing actually reflects your agreement.

View More Answers

3 Answers | Asked in Child Custody, Family Law and Child Support for Georgia on
Q: Listed Interrogatories include HIPAA, Juvenile, and military record questions.

This is for a child custody battle. I have no prior record and the request is not subpoenaed. Do I HAVE to answer? 9-11-26 and 33 says I have to answer but nowhere does it explain the boundaries for such questions. Wouldn't HIPAA override this request?

Regina Irene Edwards
Regina Irene Edwards answered on May 19, 2021

In general, HIPAA doesn't apply to individuals. In a custody battle, most information is relevant, so you likely will have to answer.

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: If I have Guardianship of a child can I take custody of it if the parents not doing what they’re supposed to be doing
V. Joy Edwards
V. Joy Edwards answered on May 19, 2021

Yes you can certainly request that you have custody of the child for whom you currently have guardianship. We are happy to assist with the legal proceeding.

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.