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answered on Sep 4, 2023
In Georgia, as in many states, whether a state pension becomes marital property upon marriage depends on various factors, including the specific circumstances of the pension and the laws in place at the time of the divorce. Generally, assets acquired during the course of a marriage are considered... View More 
When I filed for child support . I gave his ss#. What other options do I have.
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answered on Sep 4, 2023
If you've filed for child support and have been unable to locate the other parent, it can be a frustrating and challenging situation. To address this, your first step should be to contact your local child support enforcement agency. They have specialized tools and resources for tracking down... View More
custody. My daughter is now 14 and has signed affidavit to live with me and her dad is moving to Texas. Will court in GA allow her to live with me
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answered on Sep 4, 2023
An agreement not to modify is probably not what you signed and not enforceable. Georgia can modify if they determine it's in your child's best interestm. Whether they will or not is a tougher analysis you need to speak with an attorney about.
answered on Sep 4, 2023
In general, pension plans are treated like any other property – if they accrued during the marriage, they are marital property subject to equitable division. Any portion that accrued prior to the marriage, however, is considered the separate property of that spouse.
answered on Aug 30, 2023
My best advice would be to hire an attorney and have them file your Complaint for Divorce. I would not advise you to represent yourself. If you are seeking primary physical custody, especially if you are seeking sole legal custody as well, you are going to have to put on your case in chief to the... View More
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answered on Aug 29, 2023
In a 41-year marriage, the division of assets, including home equity, can be intricate in a divorce settlement. The impact of using equity to pay partners, credit cards, and bills hinges on factors like jurisdiction laws, debt origin, and financial circumstances. Considerations encompass property... View More
We already had sole custody of our granddaughter. Do the other grandparents have standing to file for visitation? My understanding is if parents are together with the child grand parents can't ask.
answered on Aug 25, 2023
Grandparents can always petition the court for visitation. Whether they get it or not will depend on what the court thinks is in the best interest of the minor child. But certainly they can file for visitation and have the adoptive parents served.
Father of grandchild is in prison. Mother refuses to sign anything. Mother lives in hotel with 2 other children
answered on Aug 23, 2023
You will need to get an order from the court if the mother refuses to sign. Without a consent from the mother or an order you are right, you do not have guardianship. And as such, the school might not allow you to make decisions on behalf of the minor child.
answered on Aug 21, 2023
You should hire an attorney, that’s the best advice I can give you. An attorney can research the case to determine if you were properly served. If you were properly served according to the law, your failure to appear will likely stand. If you were not properly served the order can be... View More
We have a court order. My ex is refusing to return my son during what is rightfully my time. If my ex isn’t with my son, can I get him?
answered on Aug 21, 2023
You should speak directly with an attorney. Because we cannot advise you to simply go pick up the child without knowing where and from whom, as the situation could pose a danger. You could involve the police and have them meet you to pick up the minor child with a copy of your court order. But... View More
answered on Aug 19, 2023
Typically, statements made in or concerning judicial proceedings are privileged and cannot provide the basis for a suit for defamation.
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answered on Aug 18, 2023
If the father of your child is preventing you from seeing your child and you are facing custody and visitation challenges in Georgia, taking certain steps can help address the situation. Open communication with the father about your concerns and seeking mediation to find common ground are initial... View More
answered on Aug 17, 2023
Lawyers are not "pro bono" lawyers because no one could work for free all the time and pay their own expenses. There are attorneys who do some pro bono work. I would suggest contacting a local legal aide if you're looking for a place to get free legal assistance.
2012 in PA dad filed for custody. "Settled" outside of court. Order states (in dads writing) mother will have PPC . between age 3-5 father has right to assume PPC. Once child reaches school age, parents will come to new agreement as to whom has PPC. Child lived w/ mom and both moved... View More
answered on Aug 17, 2023
If there is an order from PA, even if it was settled, the settlement should have been made a part of the final order. When you say settled out of court, was the case dismissed? Because if the case was dismissed and there was never an actual order signed by the court, then there is no order that... View More
answered on Aug 17, 2023
What you need to file depends on how temporary custody was provided. If we are talking about temporary guardianship and there is an order, then you need to file to terminate that order. And paperwork can be drafted to terminate and signed by the guardians and the parents. If there was no order... View More
May I ask the judge for her to answer in court that day on the stand to answer all 42 questions in front of judge since I am representing my self? How do or what website / link may I know if my Ex is work, have a job or if she on unemployment? May I allow the defendant to speak 1st in court,... View More
answered on Aug 17, 2023
If you are representing yourself an attorney can't give you step by step advice of how to present your case in chief at trial. You are expected to have the same knowledge as an attorney when you are a pro se litigant. And no, the way to address someone not responding to discovery is not to... View More
i signed Florida birth certificate, mother and i affirmed im the biological father with the doctor. i was present at the hospital during her birth. i know florida has a putative father registry to confirm paternal rights and will register, however cannot do an instant search or register and the... View More
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answered on Aug 16, 2023
No, you will have to file for legitimation in Georgia.
During this time I raised his biological daughter including all school activities and medical requirements, holidays, etc. I was given an engagement ring and we planned to marry but never did. I did all the housework and also worked a full time job and had all household response abilities while he... View More
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answered on Aug 16, 2023
Common law married was abolished in Georgia in 1997. So you are not married.
She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More
answered on Aug 13, 2023
Law enforcement remains the most clear remedy for her danger, and if a child is involved then Law Enforcement may need additional advocacy in order to understand the specific dangers involved. DFCS and other agencies may assist family and concerned citizens when a child is being exposed to... View More
We have 50/50 custody with a custody order in place. Our 12 yr old wants to be with her mom more during the week than she is now. If we agree to a temporary change could the mom go to a judge and get full physical custody after a few months of the temporary schedule being in place?
answered on Aug 14, 2023
Yes, it is possible. The Mother can go back to court to request a modification of custody showing that a substantial change has occurred. The Mother could argue that the child has been primarily living with her and therefore she is seeking to modify custody from the 50/50 parenting time to her... View More
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