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Georgia Family Law Questions & Answers
2 Answers | Asked in Family Law for Georgia on
Q: I have temporary guardianship of my nephew, the birth mother has petitioned to get him back. What types of information s

What types of information should I include in the letter of objection?

T. Augustus Claus
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answered on Sep 28, 2023

In Georgia, when writing a letter of objection to retain temporary guardianship of your nephew, focus on key elements like the child's well-being under your care, the stable environment you provide, and any concerns about the birth mother's situation that could affect the child... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Hi my husband left in April and is still gone. Is this abandonment he won't answer calls or text
T. Augustus Claus
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answered on Sep 27, 2023

If your husband left in April and hasn't been in contact since, you may have grounds to consider this abandonment under Georgia law. Abandonment can be one factor that courts look at when making decisions about divorce, custody, and other family law issues.

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: If my case was closed, five years ago, can my daughters mother reopen it in charge me five years worth of in arrears

The mother and I made a verbal agreement about paying support plus other things. She found out I was in a relationship and my case was reopened. because I wasn’t paying the full amount of child support which is why we stop the child support in the first place due to the way I work by the job and... View More

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

Closing a child support case doesn’t stop the child support. Closing the case stops child support enforcement of the order. Also, when she agreed to a lesser amount, that didn’t change the courts order. So anything less than the order you weren’t paying she could ask the court to order... View More

3 Answers | Asked in Child Support and Family Law for Georgia on
Q: I’m I responsible for paying back pay for a child support case that was closed
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answered on Sep 26, 2023

In Georgia, child support obligations generally cease when a child support case is closed or when the child reaches the age of majority, but past due payments, or "back pay," typically still need to be paid. If a case was closed but there are still arrears (unpaid child support), you may... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have primary custody and non custody parent fled ga with child. Can I file an emergency hearing without other parent?

Mother has been located in another state, children are currently in foster care due to mother being arrested and secondly because mother has allegations of abuse. Other state has proof that all allegations in Ga has been closed but is still seeking jurisdiction over my children

T. Augustus Claus
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answered on Sep 25, 2023

You can generally file for an emergency hearing in Georgia without the other parent if they have violated a custody agreement. This is particularly relevant if the children are in another state's foster system due to the other parent's arrest. Legal complexities involving multiple states... View More

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1 Answer | Asked in Family Law for Georgia on
Q: Can I get a change of venue in a open dfcs case if I feel like the judge is against me and communicating with the people

She is communicating with the members that have temporary custodian of my children and I feel like they shouldn’t be communicating outside of her job because I feel like that is conflict of interest

Regina Irene Edwards
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answered on Sep 25, 2023

It is highly unlikely that you can move.a case because you feel the judge is against you. The judge is allowed to make judgment calls, and they may not be in your favor, but that does not mean you can prove it is for an improper reason.

1 Answer | Asked in Civil Litigation, Family Law and Gov & Administrative Law for Georgia on
Q: , is there something I can find in in GA law that stated that for name change only marriage certificate is required?

Name change after marriage, need proof that only marriage certificate is required by Ga law, no court order, is there something in GA law I can use? Requirements in a different country to specify name change

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answered on Sep 21, 2023

In Georgia, changing your last name after marriage can generally be done using your marriage certificate as legal proof, without the need for a court order. This should be sufficient for changing your name on identification documents like your driver's license and Social Security card.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If i have custody over my child and the father just received visitation rights, can I pick my child up if he leaves them

with someone else during his visitation?

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answered on Sep 21, 2023

In Georgia, if you have primary custody and the father has visitation rights, the specifics of who can care for the child during those visitation periods should ideally be outlined in the custody agreement. If the agreement explicitly states that the father is not allowed to leave the child with... View More

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1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: How to esablish custody of my 14 year old son?

I need to establish custody of my 14 year old son from his mother. We were never married and my son is in a bad situation at home with his mother.

Regina Irene Edwards
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answered on Sep 21, 2023

You need to file legitimation and custody at the same time.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My ex-husband has custody of are kid's.. 6/15/23 he was arrested cruelty to children 2 degree & neglect I want my kids

I been wanting my kid's.. My ex-husband will call & say you want Grant.. Do you have a place to stay, you got a job, you have money? Come get Grant I can't do nothing with him. When I would call my ex-husband back let him know I was on the way he would not answer his phone. I would... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 17, 2023

Hire an attorney immediately who can file the proper paperwork and get you back into court. You need to get temporary custody until you can get custody on a permanent basis. I would urge you not to represent yourself in this action. Get a lawyer ASAP. Contact them and schedule a consultation.

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: Question about child support

I got divorced today, and the court ordered the child support amount each month, so my question is, can my ex ask me about my paycheck in the future? I mean, did she have the right to ask for a paycheck whenever she wanted?

T. Augustus Claus
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answered on Sep 13, 2023

In Georgia, child support orders are typically established based on the income of both parents and the needs of the child. Your ex-spouse may not have an unrestricted right to access your paycheck at any time, but there are specific circumstances in which she may request information about your... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Ex filed for a change of custody, should I file a counterclaim with the response to his change of custody?

Ex filed for a change of custody, along with my response to his change of custody should I also file a counterclaim to have my own issues addressed since I am already going to be back in court due to his change of custody? If I only file a response, will the Judge also listen to my requests to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 12, 2023

You should hire an attorney. The attorney can discuss whether you should file a counterclaim, the matter of potential attorneys fees in a modification action, your answer and how to move forward in defense of this action. We cannot give you steps to represent yourself effectively through this... View More

1 Answer | Asked in Family Law and Criminal Law for Georgia on
Q: How long does statue of limitations georgia have for terroristic threats
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answered on Sep 11, 2023

In Georgia, the statute of limitations for terroristic threats varies depending on whether the offense is charged as a misdemeanor or a felony. For misdemeanor terroristic threats, the statute of limitations generally extends for two years, meaning charges must be filed within that timeframe.... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How do I get divorced if I was married in Canada and I'm a US citizen? We've been separated for 10 years.

This was 10 years ago I was 19 years old young and dumb. I only was there for 6 months I never got dual citizenship and I live in the States now and he lives still in Canada we're still married and I don't know how to get divorced because we were married there and I'm a US citizen... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

Either spouse may file for divorce in the jurisdiction where they reside once they meet the applicable residency requirements.

While relevant, the place of marriage is not dispositive on the question of jurisdiction.

If you had a child, any accompanying custody and support issues...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I am trying to get a cheap and quick divorce with full custody of my daughter. Her father and I have an agreement.

The agreement is he gets her every other weekend. He does not have a job or any income coming in, I still provide everything for her while she's over there. I do not know if that changes things but this works with us. We just want to get this divorce finalized and custody agreement legal. I... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 6, 2023

To obtain a divorce, you will have to have the courts involved. Only a judge can issue a divorce decree. Most counties have a self-serve legal assistance office where you can get assistance filling out the uncontested divorce forms. They are also on most counties' clerk of court websites to... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: i was made to sign over temperary rights to my grandparents and now i want to get my kids back what papers do i file?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 6, 2023

The grandparents can give you the children back voluntarily at any time. If they refuse to return the children, you would have to take them back to court, file the necessary paperwork, and have them properly served. Once they are served, the case will move forward through the courts. Speak... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Litigation for Georgia on
Q: Lawsuit after false TPO?

My ex filed a false TPO on me , I immediately filed for divorce but the Process and the TPO had my funds frozen forcing me to the verge of bankruptcy...

I didnt have the financial strength to fight her, so i accepted the unfair terms of her lawyers.

The divorce was concluded 2 years... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

Your claims against your ex spouse were likely extinguished with the settlement of your divorce case. Typically, marital settlement agreements will explicitly state that it resolves all issues resulting during the marriage between the parties.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Georgia on
Q: Can a temporary protection order be filed by individual with temporary custody of child involved in Georgia dfacs ?

Father issued tpo today, he has lived with ex girlfriend and her mother last 4 years. The mother had custody but got in trouble, arrested for meth and dfacs granted her mom temporary custody. His ex was injured 6 weeks ago and her mom has been out of town leaving my grandson with one her neighbors.... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

Unfortunately, without knowing more facts on the basis for the TPO, we can't advise on the strength of the TPO. Her only having temporary custody would not be a restriction to filing a TPO.

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Q: Is it possible to vacate a Termination of Parental Rights Order after the children have been adopted?

Termination of Parental Rights (TPR) occurred in 2021 and was involuntary. It is my understanding that in GA, a TPR can be vacated under certain circumstances, and the time limit is 3 years from the date of the TPR. Is this right? If so, does it still apply to my case if my kids have already been... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

Unfortunately, the time to appeal your termination of parental rights order would have needed to have been filed within 30 days from the date of the order.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: I want to get a quick and cheap divorce with full custody of my daughter.

Her dad is barely in the picture with no job and rooms up with somebody. He does support her at all, I do it all. I just want this over with easily and cheap.

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

It's not going to be cheap or easy if he contests the divorce. Your easiest route is an uncontested divorce which can be finalized in as little as 31 days from filing. However, you and your spouse will need to agree on all terms of the divorce, including child custody, child support and... View More

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