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Georgia Family Law Questions & Answers
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: 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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2 Answers | Asked in Family Law for Georgia on
Q: FAMILY LAW -HOW DO I OBJECT TO LEGITIMATION ? WHAT FORMS DO I FILL OUT TO SEND TO COURT ?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 18, 2023

When you respond to any case as a defendant you do that by filing an Answer. But there are no standard forms to answer an action to legitimize that will likely have the specific objections you are trying to make. That is something an attorney should draft, and it is best for your case if you hire... 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 Family Law, Divorce, Child Custody and Child Support for Georgia on
Q: Hello I am in dire need of help with family law with additional sections I can bullet point. Single mom 5 kids

Domestic Violence

Slandering

Emotional financial and mental health

Criminal law

Civil rights law

Disorderly provocation to intice ptsd triggers

Theft

Unwillful and unlawful taking and holding assets and children to gain power and manipulate... View More

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

You should speak directly with an attorney. I am unclear what your actual legal question is or what you need advice in reference to based on what you have written.

1 Answer | Asked in Family Law for Georgia on
Q: How can you take a parent to court because you are not meeting the needs of your children and other are taking care of

You meet a guy neglected them and then when you get mad at the guy you take out TPO on them and then up root your children and go to all these Forster homes for help cause you can keep a job and you get housing selling your food stamps you have the system wrap around your finger cause you use your... View More

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

I think your actual legal question is unclear based off the paragraph you have stated. Please speak with an attorney directly so you can fully explain your situation and get more detailed advice.

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

1 Answer | Asked in Consumer Law, Family Law, Child Support and Constitutional Law for Georgia on
Q: Since Ga child support services has been found unconstitutional in federal court. How are state courts still enforcing?
James L. Arrasmith
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answered on Oct 15, 2023

Parties affected by any unconstitutional provision might have recourse in subsequent legal actions. It's crucial to consult with a local attorney if you believe you're affected by such a ruling to understand its implications and your options.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Do I take my child to the legitimation court hearing? & Do I have to wait to court to contest legitimation?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

If you have been served with an action to legitimize then you should respond within thirty days from the date you were served. In that response which is called an Answer, you should respond to each part of the petition with whether you admit or deny the statements made by the petitioner. I would... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Can I get a tpo if my kids are scared of their father. We are divorced
T. Augustus Claus
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answered on Oct 12, 2023

The court would generally need concrete evidence that your children are at risk due to their father's actions or behavior. This could include police reports, medical records, or credible testimony, among other forms of evidence. If the father's actions are causing emotional or physical... View More

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: My daughter lied and got me later arrested for fv that I did not do ivsoent 12 days in jail and paid a huge bond

Her bf went to her room wanted money for drugs she said no he hit her she screams for me I did not go inner room cause she always turns on me so I stayed in kids room was at bedroom door when I got hit four times in my face by her bf I scream I’m calling police she comes into her kids room... View More

Joshua Schiffer
Joshua Schiffer
answered on Oct 12, 2023

Sounds scarily and unfortunately typical. Cops are called for one thing and then it all rolls downhill as folks keep TALKING to them.

With a mess like that you need to be extra careful as aggressive prosecutors will set up the dynamic to have everyone at their mercy, and a LOCAL LAWYER...
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1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Georgia on
Q: Can a guardian ad litem be requested under the O.C.G.A SECTION 9-11-17
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 10, 2023

The court can appoint a GAL if they see that one is necessary. A party can also petition for a GAL to be assigned to the case. Then the court will determine if they are going to appoint one at that time or not. But if one of the parties is requesting that a GAL be assigned, be mindful that one... View More

2 Answers | Asked in Family Law for Georgia on
Q: Left to go to Nc for few months while gone I see my husband move out and rented our home , can he do that w/o my consent

We are still legally married, we had a altercation in June this year I left like always to keep something drastic from happening cause my husband is bipolar so to refrain from serious things happy I leave and go back to my mom for while , he has issues with infidelity since 2014 and still do and... View More

Regina Irene Edwards
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answered on Oct 7, 2023

You need to speak with a divorce attorney.

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Do I have to pay for half of the extracurricular activities in the State of Georgia along with Child Support?

Hi, I am the non-custodial parent in the state of Georgia with visitation every other weekend. From a mediation back in 2019 I pay child support monthly. It also states "parties shall each pay one-half of the child extracurricular activities".

If the typed up order by the mediator... View More

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

You are bound by the terms of the order. Therefore, if the order says that you pay for half of extracurricular activities then that is what it means.

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Georgia on
Q: In the state of Georgia, can a text message be used as a legally bound contract?

This "agreement" would be related to payments being made to grandparents for a child's vacation by the child's biological and primary custody mother.

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

A party is legally bound by a court order with regard to domestic matters. Text messages and emails that are not reflected in a court order parties do not legally have to follow, that is, again, in matters involving child support, child custody & visitation.

1 Answer | Asked in Divorce, Tax Law, Domestic Violence and Family Law for Georgia on
Q: There is a 7yr lien on house and it's going for auction in Nov will that hold up the sale of the house during a divorce

I was mentally, physically and emotionally abused and cheated on from the start by my husband so I had him locked up for family violence he got out the rearrested for aggravated stalking.I have screenshots of proof but no lawyer and property taxes are behind last year and gonna be due this year and... View More

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

You should consult an attorney directly. You have multiple issues that you need to discuss with someone and I don't think anyone can properly address those through this board. Further, if you currently have a divorce proceeding pending, it is important that you obtain an attorney, especially... View More

1 Answer | Asked in Estate Planning and Family Law for Georgia on
Q: Hello. Can you tell me if an executor can transfer a property that is in an llc to a person? Thanks

I was just curious to see if my uncles executor can sign a house that his wife is living in over to my mother in the state of Georgia? My mother is her caretaker and she is the beneficiary of the will. The house is in an llc. Thankyou

T. Augustus Claus
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answered on Oct 2, 2023

Generally, the ability of an executor to transfer property held in an LLC depends on the operating agreement of the LLC and the terms of the will. It's essential to review these documents to determine the authority granted to the executor in such transactions.

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: During divorce if my son is not living with my wife can she tell me I need to pay child support when I have him more?

My wife had an affair and decided she wanted to get a divorce I was kicked out of where we were living and then she moved out and with her a fair partner left our son with her parents would not let me see him for well over a year but in that time she moved out of state leaving our son with her... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

A parent has a legal obligation to support their children. But that doesn’t necessarily mean one parent is entitled to receive “child support” from the other parent. If a child is being primarily cared for by a non-parent, both parents may have an obligation to provide support to the... View More

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1 Answer | Asked in Family Law for Georgia on
Q: Is it legal for a 18 year old to date a 15 year old, in a non-sexual relationship
Regina Irene Edwards
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answered on Oct 1, 2023

Adults should not date children.

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Notice to Produce. What if I refuse to provide or lie and say I’m not having an affair when I am?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 16, 2023

If you do not respond to the interrogatories or provide the documents you have been asked to provide, a motion to compel could be filed against you. If a motion to compel is filed and you are found in contempt of court, you could be ordered to pay attorneys fees to the other party or sanctioned... View More

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