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Georgia Family Law Questions & Answers
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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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: In Georgia, with separate finances, can I be liable for my spouse's debt in a divorce if incurred against my wishes?

My spouse and I maintain separate finances (separate banking accounts, credit cards) but share a mortgage (that only one spouse pays). My spouse has previously incurred debt that I paid off for them. They are now incurring debt again against my wishes. In the case of a future separation would I... View More

Regina Irene Edwards
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answered on Nov 10, 2023

Marital debt is divisible in a divorce. Once you know about the spending habits and you know debt is being incurred, you can't file for divorce 5 years later and wash your hands of it. If it is a big enough of a problem to end the marriage, then end the marriage. If not, then you are... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: GA child support remains until child turns 18 high school GRAD or 20. does CSS stop child support or do I need a lawyer?
T. Augustus Claus
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answered on Nov 9, 2023

child support remains in place until the child turns 18, graduates from high school, or turns 20, whichever occurs later. However, the Child Support Services (CSS) will not automatically stop child support when the child reaches one of these milestones. The parent paying child support must file a... View More

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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

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Me nor my wife have custody of our kids. Can we file an uncontested divorce without minor children?

The kids grandparents have custody of them. We both want a divorce, can we divorce without including the children in the matter?

T. Augustus Claus
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answered on Nov 7, 2023

Yes, you and your wife can file an uncontested divorce without minor children in Georgia, even if your children are not in your custody. This is because the focus of an uncontested divorce is on dissolving the marital relationship, not on child custody or support.

Unfortunately, due to the...
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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

2 Answers | Asked in Family Law, Probate and Arbitration / Mediation Law for Georgia on
Q: What happens after you sign in mediation?

I have a signed mediation agreement and now the other party will not sign the final order to go to the judge and her lawyer keeps changing the agreement after mediation is over.

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

If you have an attorney you should speak to your attorney about any changes the opposing attorney has attempted to make after mediation ended. If you are representing yourself you could file to enforce the mediated agreement. But there is not a form for that. If a final order was drafted by... View More

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2 Answers | Asked in Family Law for Georgia on
Q: Are there grandparents rights in Ga?

Our daughter and grand daughter have been living with us off and on for 5 yrs during this time when financially took care of their needs. She married a man and they continued to live with us. Seeing that the new husband was verbally abusive to our grand daughter we tried talking to our daughter... View More

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

I would speak directly with an attorney. Grandparents do have rights. But there is a very specific statute that sets forth the requirements to qualify for grandparents rights. If you meet the requirements under Actions by Grandparents or Other Family Members, I would consult an attorney to file... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: If the mom closes a child support case and later reopens it, does the dad owe money for the time the case was closed?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 3, 2023

Child support is always owed as long as you have a court order in place saying you have to pay per month. If she closed the case before the court signed an order, then when she does get an order, the court will not award her retroactive child support if it’s a GA court. Support will start from... View More

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: I closed my child support case in 2018 and just reopened it will the amount also be modified from the previous case ?

My kids father is self employed but files faxes every year and I'm worrying if the new case will be modified

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 1, 2023

You should speak to the child support office where you opened the case and ask them any questions you have regarding how they plan to move forward. And I would also say, it's difficult for child support enforcement to properly handle cases where the non-custodial parent is not a W-2 employee.... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Juvenile Law for Georgia on
Q: do you have to sign a dependency petition to consent/stipulate to the allegations? can consent be rescinded or vacated?

i was told by the court appointed attorney that all i would have to do is consent to a psychological and couples counseling, the court would oversee the progress, my daughter would remain with us, case closed with completion. fast forward to the hearing: girlfriend and myself appeared via zoom to... View More

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

You should get an attorney who represents parents in juvenile cases to represent you. I fear you're going to have a very hard time getting your child back representing yourself.

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

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My parents told me cameras in house don't work. They recorded a conversation I was having without my consent.is this leg

I haven't seen or heard video. If I don't have a lawyer do they have to share the evidence with me.i just signed the mediation papers and gave him what he wanted which is custody of our son. Can I get my son back

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

As you don’t have an attorney I would highly suggest you retain one. Then explain in more detail what the issues are in your case regarding mediation and the agreement. If you no longer want the agreement to become enforceable, you need to move quickly to make that known to the opposing party... View More

2 Answers | Asked in 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

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

Speak to a lawyer. Because you refer to the other party as your ex-husband, and if the divorce is final, they likely don’t have to give you a copy of any paperwork. If the divorce is still pending, you are entitled to certain documents to be turned over to you if you request them. But you need... 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

3 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 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

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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 Family Law for Georgia on
Q: I have supervised child visitation for only about 2 and half hours a month. The place keeps asking me why I come there

That I need to go back to court and supbonea their records ,I can't afford another lawyer, I've already had 2 that did nothing for me but take my money what can I do?

T. Augustus Claus
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answered on Oct 25, 2023

If you're struggling with supervised child visitation and can't afford an attorney, there are steps you can take. In Georgia, legal aid organizations offer low-cost assistance. You might consider representing yourself in court using available resources and forms for pro se litigants.... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Wife left home on 5/2. She then started a relationship with another man in July then shortly filed for divorce.

Will this help me in the divorce proceedings?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 19, 2023

Georgia is a no fault divorce state, so it may not matter a whole lot of there was adultery. It’s unlikely to be a factor regarding custody and visitation as it’s not directly related to her parenting. But could be a factor in spousal support and possibly an equitable distribution of marital... View More

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