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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I need help with custody. My child’s mother picks and chooses when and how I can see my son. Can someone help w custody

I need a lawyer willing to take my case that’s not so expensive. Please someone help me. I miss my son and it’s affecting him to. Looking for a lawyer in Clayton county ga

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

You will to gather funds to hire any attorney. I'm not sure what "not so expensive" is as most attorneys have a retainer and charge by the hour. Contact attorneys directly so you can get pricing and provide them with more information on what you are seeking.

1 Answer | Asked in Family Law for Georgia on
Q: What do we do to get power of attorney for my husband? We are in LaGrange, Ga.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

An attorney can draft paperwork that can be signed by the parties. But there are certain requirements that must be met in order for that paperwork to be legally binding. Speak directly with an attorney who can assist you in a legal power of attorney.

1 Answer | Asked in Family Law and Civil Rights for Georgia on
Q: Can a spouse block his spouse's adult children from visiting and quiring about their mothers health while in a hospital.
James L. Arrasmith
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answered on Sep 19, 2024

In most situations, a spouse cannot legally block their spouse’s adult children from visiting or inquiring about their mother's health while in the hospital. Hospitals typically respect the rights of immediate family members to visit and seek updates on a patient's condition, especially... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Georgia on
Q: I tested positive for meth and my baby did as well. Defacts says the only option I had is to give the baby up

To my adopted mom and I couldn't live with her or come see my child. I currently work as a caregiver for an elderly gentleman in exchange for a room in his house. They say I'm homeless because of that. I go to court tomorrow morning, I agreed to out patient rehab, random drug tests and... View More

James L. Arrasmith
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answered on Sep 11, 2024

In your situation, it's important to know that you have legal rights, and you should consider seeking the assistance of a legal advocate or attorney who can represent you in court. You have the right to present your case, showing your willingness to participate in outpatient rehab, take random... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Probate for Georgia on
Q: Can alimony in arrears at the time of an ex-spouse's death be claimed against his probated estate in GA?

Is there case law in which an estate was required to pay alimony arrearages?

James Clifton
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James Clifton
answered on Aug 29, 2024

Alimony can be claimed against an estate. The priority of alimony is set by statute, OCGA 53-7-40. Alimony falls under judgments and is 6th in priority under the statute.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If my kids was taken and adopted then adopted parents let child come back to live with me what are my rights for dfacs

Do I have to comply since I don't have rights to child or can my child decide where he lives they are 16years old

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 5, 2024

You no longer have any rights. Any time the child was allowed to live with you did not make you the legal guardian, it was simply a gift. The adopted parents still have all rights.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: GA; Filed a contested legitimation petition. Can I make a motion for genetic testing and how do I do it?

I have filed a legitimation petition and it was responded with contest. I requested discovery and a court date has been set. A DNA test has not been done yet, and I’d like to get a jump on the process. Since things are already rolling with court in 2 months, can I file a motion for genetics... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

I would go to the law library for assistance since it has been helpful to you.

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: Court granted my mother temporary guardianship in 2014. My mother passed in 2023 and the parent wants him back now

What's the process? Do I give him to her? What do I do?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

If you have no guardianship then the children will need to be returned or you could be charged with kidnapping. Guardianship did not transfer to you. You have no legal rights to those children.

1 Answer | Asked in Bankruptcy and Family Law for Georgia on
Q: Am I on the hook for gifted money I received from my father two years before his Chapter 7 bankruptcy filing?

My father filed for chapter 7 bankruptcy on May 23rd 2024. He gifted me cash to help me out in February 2022. Am I (the recipient) on the hook to pay that money back to the trustee? This would be over two years ago. He had no idea he would run into enough trouble for bankruptcy at the time in 2022.

James L. Arrasmith
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answered on Jul 18, 2024

It's understandable to be concerned about receiving money before a family member's bankruptcy filing. In your case, since the gift from your father was given in February 2022, over two years before he filed for Chapter 7 bankruptcy, you are generally not required to return the money to... View More

1 Answer | Asked in Estate Planning and Family Law for Georgia on
Q: My friend passed away his partner said I have a envelope in safety deposit box but now he quit talking to me how can I

Figure out how to get in touch with my friends lawyers live in ga he lives in tennessee

Anthony M. Avery
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answered on Jun 24, 2024

If Decedent died in TN then you may be able to do a Small Estate Probate. But new law makes it more expensive and difficult. Call a TN attorney in County of death.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Is it legal for a judge to require the defendant/respondent to appear for a full tpo hearing past the 30 days

My husband's ex wife filed a stalking complaint against me. She was granted a tpo.

This was filed on 5/14/2024. My hearing isn't until 6/20/2024. I have filed a motion to dismiss on the grounds that I am not receiving a full hearing within 30 days. The judge's assistant... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

If a judge says you have to appear then you have to appear. And I believe your motion to dismiss is going to be denied as well.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: How to apply for temporary custody for my grandchildren?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

Hire an attorney. More information is needed to determine what rights you. may have as a grandparent. Grandparents rights are definitely secondary, especially if the mother or father do not agree to you having custody or visitation. If you are seeking to take custody away from a parent, I would... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Ex said if I don't get letter, I could go to jail, what letter is it? We have a child also

Lived together for 9 years, I have paternity but not legitimacy, child is 4 years old

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

I am unaware of what you are asking about and what your ex is referring too. But if you want to legitimize a child, there are steps you take within the court system to do so. And I would consider legitimacy before the child gets much older.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Don’t want child support just for him to get the kids

I work 40 hours a week had to get my supervisor to let me come in later so that I can take my kids to daycare and school I also pick them up after work and I do all the duties myself if they need any thing their father does provide but he rarely gets them and I’m exhausted and feel that he should... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You can file for child support through the state or through a private attorney. A private attorney is likely to be faster and the child support amount is likely to be more accurate.

1 Answer | Asked in Family Law for Georgia on
Q: My grandkids been staying with me since they was born everytime me and they mom have a disagreement she us the kids as a

My grandkids are on my lease and foodstamps they mom dont even have a stable place to stay they pillow to post and my grandson has Autism he's not use to change my granddaughter been crying for me the last week they use to me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

I'm not sure what your question is here because it seems incomplete. But until you get a court order giving you custody or guardianship over your grandchildren, the mother has sole legal and physical custody and can take them at anytime. And if she ever tries to take them back and you refuse... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I’m a mandated reporter & my 11 yr old is being left at home for more than 2 hrs when he’s at his dad’s. What do I do?

My ex-husband/his dad and I have 50/50 custody. My son also being left there with his dad’s girlfriend’s daughter who is 10 years old.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

If you have an issue with the current order you will need to file for a modification. That is the only way to change your current visitation.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Hi my child is in dfcs care and is about to be back in my care. Can a man that thinks she is get a paternity test done

Through dfcs without my knowledge?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

A potential father can take a mother to court on an action to legitimize and the court can order a paternity test. If he is determined to be the biological father the court may award him some form of custody & visitation.

1 Answer | Asked in Family Law, Gov & Administrative Law, Government Contracts and Probate for Georgia on
Q: I’m a beneficiary of my father’s will, and I have been misled by his granddaughter who is the excuitor of his will what

I have no copy of the will but I was urgently forced to sign a document that she had, I never received any copy of it from her so I recently got one from the court and I am now trying to find out what I can do about it. I now understand that she has had me pretty much waive my rights to ask about... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 9, 2024

You should go by the probate court where the will is filed and get a full copy of the probate file. It will include a copy of the will. Once you review it, if you believe something is wrong, contact a lawyer specializing in probate law to get advice.

2 Answers | Asked in Family Law and Probate for Georgia on
Q: My mom passed away in 2015. There was only a house left. I became the administrator because I live in the house.

There was no will. I have three siblings and my stepdad. My brother passed away right after my mom. He had no heirs. My stepdad and my other two siblings don't want anything to do with the property because they have their own homes. How do I close out the Probate so that I can get the... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 7, 2024

You have a mess on your hands. You will need your the step-dad and 2 siblings to sign a disclaimer stating they do not want anything from the estate. If your brother who died has children, they are entitled to your brother's share.

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1 Answer | Asked in Family Law for Georgia on
Q: In georgia papers state can't deny parent phone access, is this all phones have to be answered at all times?

Get 2 weekends a month with kids and other parent calls more than once a day. It was more before I put some time restrictions on it. Have to return all calls even if busy with activitites?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

If you have a court order that allows you to speak to a child by telephone, then you should have access.

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