Lawyers, Answer Questions  & Get Points Log In
Georgia Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Georgia on
Q: If neither parent has legal custody can one parent not allow the other parent to see the child?
Ellaretha Coleman
Ellaretha Coleman answered on Apr 16, 2020

The biological mother has legal custody of the child if the child was born out of wedlock. If that is the case, the biological mother can refuse the biological father visitation. Biological fathers do not have any custodial rights to children born out of wedlock until they obtain an order of... Read more »

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Covid 19 shuts schools down for rest of year, my ex says we can't switch to summer visitation until end of may.

During in session school period my days are every Wednesday afternoon to Thursday morning and every other week Wednesday afternoon to Monday morning. When school is not in session we are to halt that schedule and begin alternating Sundays through Sundays. Due to covid 19 schools have been such down... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Apr 15, 2020

This is not a summer break. You go by the original school schedule.

View More Answers

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How long does opposing party have to respond to counterclaim?
Ellaretha Coleman
Ellaretha Coleman answered on Apr 15, 2020

A response to a counterclaim is not required.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Length of grandparent visitation in Ga. I've seen statute saying no less than 24 hours per month.

I'm not objecting to their court order, just want to know what length to agree to. Anything besides phone conversations and invitations to public events my child participates in? I'm widowed and am not contesting their rights for visitation. I've never kept child from them and... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Apr 10, 2020

You should consult with an attorney who can review the facts of your case in detail and present you with the options. There are factors here that we would need to know, such as if the grandparents have any type of guardianship rights. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: If the father has custody of his 15 yr old daughter and is verbally abused and can't go live with the mother that

That lost her baby a yr ago over using be drugs where would the child go r will they let her chose where if she didn't wanna stay with her father side of the family.

Homer P Jordan IV
Homer P Jordan IV answered on Apr 7, 2020

What is the question? Is it can the 15 year old move out and go live with the other parent? If that is the question it depends on the custody arrangement in place. The mother could seek a modification, depending on the facts of the case. You should meet with an attorney who review the facts of your... Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: would it be considered abandonment if custodial parent kicks out teenage children from home

i need a o.c.g.a law backing this information

Homer P Jordan IV
Homer P Jordan IV answered on Apr 7, 2020

You are responsible for the child until they become a legal adult at age 18. If the other parent is open to modifying the custody arrangement you may want to consider going that route. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My little sister is 17 and wants to move in with me can she legally move out without parent consent?

I am 22 and married and able to financially support her. She is way behind in school and my dad and stepmom just push it off like it is not a big deal. They treat her like property and it's very unfair considering she is a triplet and isnt allowed to do any of the things my other siblings do.... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Apr 7, 2020

No, she can not move out without parental permission.

View More Answers

3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My girlfriend and I are both 15. Her parents are threatening to keep me from the baby. I want to be there and so does sh

Is it possible for the parents of my girlfriend to keep me away from my baby even if I want to be there and support it and my girlfriend does too?

Ellaretha Coleman
Ellaretha Coleman answered on Apr 6, 2020

You will need a legitimation order to establish any rights to the child.

View More Answers

2 Answers | Asked in Child Custody for Georgia on
Q: During the current pandemc, does fther have rights to come to my house demanding our child to go with him on a Saturday?

Me and my childs father are not nor ever have been married and we do not have any court order custody. Our child resides with me yearly with mostly Friday nights and Saturday days with her father. During the current pandemic, does he have rights to come to my house demanding our child to go with... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Apr 4, 2020

If there is no custody order in place, he has no legal right to visitation. However, if there is no concern of danger with dad, I would not use the pandemic to now cut off visitation that he has historically been exercising. If you do so, he will likely be motivated to now file a legitimation... Read more »

View More Answers

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: So I live in a very toxic household because of my father. Could my sister become my legal guardian if my mom agrees to

it, in court. I know living situations can be bad for everyone but it has caused me to almost attempt suicide at least 10 times in the past year. And when I ask if I can see a therapist or get help he tells me I'm wrong and I don't need it. He calls me names and belittlea my existence as... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Apr 2, 2020

Your mom may be able to give guardianship to your sister, however, there may be several factors that would prevent that if your dad does not agree. If you are being abused, physically or emotionally, there is help. I would suggest contacting the Georgia Child Abuse Hotline at 1-855-GACHILD /... Read more »

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: What should I do with a 16 yr old 6 time runaway? What is my liability if she breaks the law?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 1, 2020

You can always contact the juvenile court in your county and report her. More information is needed before an accurate answer can be provided about your liability. It may be best to contact an attorney who can assist you.

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

1 Answer | Asked in Child Custody for Georgia on
Q: How can I have my ex boyfriend's rights terminated we where never married and he is not a stable person

He was a heavy drug user just got out of jail on kidnapping charges as well he is a very bad person he has not seen our little girl but 2 times in almost 3 years once when she was born and then once when she was 2 months there was a tpo in place but I was talked into dropping it now I wished I... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 31, 2020

If he hasn't filed for legitimation, then he doesn't have any rights to terminate at this point. You by default have full custodial rights.

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

Fair, Flat Fees Only - No Hourly Billing

1 Answer | Asked in Child Custody for Georgia on
Q: What if you find out someone was getting child support illegally and they got it for 7 yrs like that
Ellaretha Coleman
Ellaretha Coleman answered on Mar 27, 2020

Without more facts, we will be unable to answer your inquiry.

1 Answer | Asked in Child Custody for Georgia on
Q: Does covid19 19 effect child custody

Existing order

Regina Irene Edwards
Regina Irene Edwards answered on Mar 27, 2020

No, the existing parenting plan remains in place.

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

Fair, Flat Fees Only - No Hourly Billing

2 Answers | Asked in Child Custody for Georgia on
Q: Does covid19 effect an existing child custody order if I feel my child will be safer in my(primary parent) home?

Covid 19

Regina Irene Edwards
Regina Irene Edwards answered on Mar 27, 2020

No, the parenting plan must be followed.

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

Fair, Flat Fees Only - No Hourly Billing

View More Answers

3 Answers | Asked in Child Custody for Georgia on
Q: My parenting plan reads that the child is with me "from school recess on Thursday until school reconvenes on Tuesday".

School is not in session so how can this be handled? The other parent is not willing to move to week on/week off like the summer schedule or offer more time with school out. Do I have any legal ground to stand on? There is no recess or reconvene because school is not in session. No mandatory school... Read more »

Samantha A Holloway
Samantha A Holloway answered on Mar 23, 2020

School closures due to COVID-19 have presented new challenges. Some courts has issues orders explaining what should happen now that school is on an extended break. Others are silent. I would suggest that you contact a lawyer so that he/she can view your Parenting Plan and provide any guidance from... Read more »

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: After custody papers have been signed in GA. How soon can someone be taken back for attempt to modify said agreement?

There is also no pending contempt charges or endangerment issue with the primary custodial parent.

Regina Irene Edwards
Regina Irene Edwards answered on Mar 20, 2020

There is no time limit. However, you have to prove that there has been a substantial change of circumstances since the original order.

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

Fair, Flat Fees Only - No Hourly Billing

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can my ex wife refuse to give me visitation due to fear of corona virus?

My ex wife is refusing to give me visitation with my daughter until the Corona virus outbreak is over. I typically have my daughter Wed night and return her Thursday morning and 1st and 3rd weekends and alternating 5th weekends. She says she is protecting her family but I'm not sick, neither... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 16, 2020

You need to consult with an attorney. First, you aren't going to go until August or September without seeing your daughter. The first step is to try to work it out with your ex, outline your social distancing and cleaning procedures in your home. If she still refuses, the court may grant an... Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How do I file a petition to change child custody?
Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2020

There is no form document for a petition to modify custody. You will need to allege in the petition that there is a material change in circumstances since the entry of the current order and will need to specify what those material changes in circumstances are. You will need to file the petition... Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What steps do I take to file for full custody and child support from 50/50 custody with out child support

He no longer has her 50 percent of the time and isnt helping out financially.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2020

You will need to file a petition to modify custody with the superior court of the county in which he lives.

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.