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Georgia Child Custody Questions & Answers
2 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for Georgia on
Q: Live in Ga, wife is divorcing after emotional cheating with coworker. Post discovery continued relationship, but said

She ended it. Discovery in feb and admission in Sep. has blam me for it, convinced mutual friends that I am not mentally stable resulting in isolation, misled couples therapist etc. I have offered options to reconcile even after the admission of lying about ending relationship. Instead she is... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

You can obviously make any allegations you want, the same as she. Whether the court will consider those allegations cruel treatment is up to the judge. At this point since you have completed some form of discovery, I would focus on preparing for trial. And if you can't hire an attorney, the... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.

He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay.

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 22, 2023

You may qualify for a divorce by publication if his location is truly unknown. However, with a divorce by publication the court is limited on the issues they can decide and often will be prohibited from making determinations on issues such as child support and equitable division if there is no... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.

He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

If you know that he's in MN and you have been in any contact with him, you can arrange a meeting and then have him served by private process server. If you are unable to arrange a meeting or obtain a location for service, you can attempt service by publication. There are steps you have to... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Georgia on
Q: How to get kids from CPS when you have had no allegations against you.

I was arrested for a traffic ticket and my kids were with me. My mother wouldn't get them and the lady wouldn't let my friend get em. My stepdaughter and their aunt tried. CPS lady said they had a hearing and daughter and aunt went to the court house and was told there was no hearing. At... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

You said that the children were left with you, but it is unclear whether there was an order awarding you custody or guardianship. I think you should speak directly with an attorney so you can provide more details about what rights you have to the minor children, then that attorney can determine... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: My ex has threatened suicide. How do I prevent visits until he is evaluated and helped?

My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Is there a attorney that is willing to represent me and my daughter for FREE? Court Date in Dec. 2023, Family Law Matter

Greetings, Single father here. I need your help! May you assist me pro bono / FREE in getting my 5yo daughter back in my home my daughter's permanent residents since birth!

I file all documents petitions & motions myself accepted by the court. need assistance you the attorney... View More

James L. Arrasmith
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answered on Nov 12, 2023

Unfortunately it can be very difficult to find an attorney willing to take on a family law case pro bono or for free. However, here are some suggestions that may help:

- Contact local legal aid organizations in your area - they sometimes take select family law cases for free for low income...
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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I have a temporary guardianship document done outside of the court. can she come and get the child whenever she feel
Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 8, 2023

Guardianship paperwork that has not been made an order through the court is not enforceable. So yes, the parent can come and retrieve the children because you don't have a court order, even if the paperwork is notarized. You need an order giving you guardianship. And you have to go through... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can I attain custody of a non-biological child without court?

Child will need to be enrolled in school and attain a new physician when I assume custody

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

Schools will typically want a court order in order to allow you to enroll the child. A physician will likely want an order in order to let you make medical decisions for the child or schedule an appointment. You will need guardianship papers that have been filed and signed off on by a judge.... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: State of Georgia child custody. The non-custodial out-of-state parent abnegated 98% of their parenting time this year.

The parent is also several months behind on court-ordered child support. The child no longer wants to be obligated to travel out of state to visit the parent in the coming summer and winter holidays.

Is there a case to request the State to remove mandatory visitation rights from the absent parent?

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

If you want to modify the current order regarding visitation, you will have to go back to court. Even if the child says they don't want to go, if there is an order giving the other parent visitation, you have to send the child, if they want to exercise that parenting time. If the other... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: My ex husband lawyer want send me copies of separation papers. Can she withhold them.

I have asked for a copy numerous times. They also tell me they have a recording of me,which I didn't consent to. Can they legally keep this information from me. The county in which they should of been filed has no record of them

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

Whether or not your spouse or ex-spouse has to send you copies of documents depends on what documents they are. It is unclear what documents you are asking for because you stated they were "separation papers." If you mean a complaint for divorce then yes, you should have been served... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Am I technically withholding visitation?

ex has history of FV with a FV Battery guilty plea in 2016 & FV Simple Battery charges pending jury trial both I was victim to.

I learned of a domestic dispute during a visitation weekend. There was drinking involved while at a friends pool, my ex was yelling at g/f and her 8yo and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 29, 2023

If you have denied him visitation that he was awarded through a court order, then you may be found in contempt. You telling him to take you to court may look to a judge like you were revoking his visitation. Therefore, if he has filed a contempt action or any action against you, I would speak... View More

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Am I technically withholding visitation?

ex has history of FV with a FV Battery guilty plea in 2016 & FV Simple Battery charges pending jury trial both I was victim to.

I learned of a domestic dispute during a visitation weekend. There was drinking involved while at a friends pool, my ex was yelling at g/f and her 8yo and... View More

Regina Irene Edwards
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answered on Oct 29, 2023

You telling him to take you to court about parenting time is contempt. However, if the parenting plan allows for him to pick up the child from daycare on his weekends, and he has chosen not to, you may not be held in contempt. If you feel that parenting time would put your child in a dangerous... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a custodial parent be held contempt of court if they fail to follow child court order in another state?

My child's Custodial parent moved to another state without court approval, and has failed to follow the court ordered visits and calls set by the courts and Judge. What's my legal rights or do I have any at this point ?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 28, 2023

Unless there was a court order saying the parent couldn’t move, they can relocate. Now what orders normally say is that they need to give the other parent proper notice of their intent to move, and there’s usually a certain period of time listed regarding how much notice like 30 days. So if... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: State of Georgia child custody. The non-custodial out-of-state parent abnegated 98% of their parenting time this year.

The parent is also several months behind on court-ordered child support. The child no longer wants to be obligated to travel out of state to visit the parent in the coming summer and winter holidays.

Is there a case to request the State to remove mandatory visitation rights from the absent parent?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

First there are no mandatory visitation rights. Any visitation the non-custodial parent was given, the court saw fit to award that to them, but it wasn't mandatory that said parent receive a certain amount of visitation. Second, if you want to change the order, you have to file for a... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can you help me put into words what I should write for the motion of temporary hearing?

Hello, I am filing my own divorce paperwork. I am trying to file a motion for temporary hearing for child custody and am having a hard time trying to articulate my words to put on the form. It has been 4 months and my soon to be ex husband is not allowing me to see my child. He has sent me numerous... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 26, 2023

Unfortunately we cannot write out your argument for a temporary hearing in this forum. It is best that you hire an attorney to represent you because they would have likely filed this motion months ago or tried to come to an agreement with the opposing party on your behalf. If you cannot hire an... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Is it possible in GA for 1 parent to have primary physical custody and the other parent have primary legal custody?
T. Augustus Claus
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answered on Oct 18, 2023

In Georgia, it is possible for one parent to have primary physical custody, meaning the child primarily resides with that parent, while the other parent can have primary legal custody, which involves making major decisions regarding the child's upbringing. Custody arrangements can vary based... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Is it possible in GA for 1 parent to have primary physical custody and the other parent have primary legal custody?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 19, 2023

Typically the party who is the final decision-maker if the parents cannot agree, is the party who has primary physical custody. It is not typical for the parent who doesn’t have primary physical custody to have sole legal custody or to be the final decision-maker if the parties have joint legal... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: HOW DO I FILE AN ANSWER TO OBJECT LEGITIMATION ?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 18, 2023

An Answer is a response to the complaint within which you have been served. In your Answer you should admit or deny the allegations made by the Plaintiff. You can also state any objections you may have to the relief the Plaintiff is seeking. That relief in a legitimation action is typically... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Where do I go to contest legitimation?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

If you are served with an action to legitimize and you are the defendant, you have thirty days to provide a response to the petition. In that response you can list all of the reasons why you are contesting the legitimation and why you do not think the petitioner should be granted any of the relief... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: How does joint custody work if both parents do not live in the same state?

We divorced in Georgia. The father is in the army and is still living in Georgia. He said it was fine for myself and both of our kids to go back to Ohio to stay with my family. I am confused how joint custody works for us since he does not see them the way it’s written in our child care plan.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

If you want to modify the visitation or change custody, you have to file for a modification in GA, since the father still lives in GA. Is it worth you going back to court just because he doesn't exercise the visitation he has? The state of GA retains jurisdiction over all family law matters... View More

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