Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law and Divorce for Georgia on
Q: My wife of 23 years left and I have been a stay at home spouse for 15 years. She left all the bills on me. What can I do

I have a restraining order on me and I don’t know what to do. Can I get support from her?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 9, 2023

My best advice is to hire an attorney and have them file for divorce. Once your spouse is served your attorney can petition the court for a temporary hearing to address the expenses at the marital residence, as well as spousal support on a temporary basis. Until you file for divorce there is no... View More

1 Answer | Asked in Domestic Violence, Family Law, Criminal Law and Divorce for Georgia on
Q: 16-5-23 Was charged for simple battery -family violence 16-7-23 damage 2nd private property

I don’t understand how it’s saying private property when I was living at the home with my husband?

Joshua Schiffer
Joshua Schiffer
answered on Aug 8, 2023

The property involved was owned by and individual and not the State, that is what they mean.

Basically whatever was allegedly damages was someones possession and not a cop car or other publicly owned property.

I am betting a cell phone or something in the house was allegedly...
View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: We live in Georgia, child lives in Florida. How do I petition for custody as an extended family member with consent?

Mother has completed Waiver of Consent form, currently not able to support child. Recent erratic behavior of mother has prompted family to intervene. The 'father' has not been present since birth, his paternity/location not known.

Can the petition be filed in Georgia?

Is... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 8, 2023

Speak directly with an attorney. All attorneys charge different rates so it's impossible to tell you what someone else's hourly fee is. And you need very specific advice, which means you should schedule a consultation with a lawyer.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: I delivered in Waycross GA. My son & myself tested positive for drugs. Dfcs took my new born into custody. Help me

Please help me get my son back. My son father , paternal grandfather is our county's commissioner. In a small town money means everything to legal actions. There was a unauthorized visit with the father that's occurred and much more that doesn't make sense or add up !!! Please help... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 7, 2023

It is going to be a hard road for you at this point but the best course of action is for you to hire an attorney who represents parents in these types of cases. Because without an attorney representing you, the social worker may not work with you on seeing the child and the court may not listen to... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Greetings To ALLRepresenting myself in court on August 31st at 9am in Gordon county.

How do I find out / get information on my EX if she was fired from her job or if she even working at all?

How do I find out if she on section 8 / low housing income?

How do I pull my EX total background / history?

Is there a attorney that will speak for me and my 5 year... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 7, 2023

Unfortunately, an attorney cannot advise you on how to represent yourself on this platform. It sounds like you should speak directly with an attorney immediately, to see if you can hire someone to represent you. I would get whatever money I could together to hire counsel and as for a continuance... View More

2 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: I believe my ex may have gotten a TPO but I haven’t been served. Can I be arrested for calling her if I didn’t know

I was unaware of the TPO but the sherif showed up at my home while I was at work and apparently had riot shields and guns drawn which seems like a lot to just serve a TPO. They didn’t enter my home or leave any paperwork.

Joshua Schiffer
Joshua Schiffer
answered on Aug 7, 2023

I tend to agree with my colleague above. If there is a question as whether someone tried to use State Power to control your behavior, I stay away.

Fighting service is generally not a great idea, although if they do not serve you within a period of time the application can become stale and...
View More

View More Answers

3 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: Can I file an emergency TPO myself or is only an attorney able to do that?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

In Georgia, individuals can typically file for a Temporary Protective Order (TPO) without an attorney. You can go to the appropriate courthouse and request the necessary paperwork to file for a TPO. Court personnel may be available to guide you through the process and provide information on the... View More

View More Answers

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: A TPO was filed on me with false allegations. I am in fear of my safety and have witnessed this person be violent.

What are my options?

Todd B. Kotler
Todd B. Kotler
answered on Aug 4, 2023

You need to do three things:

1) Hire a lawyer who practices family relations and criminal law in the county with jurisdiction over this matter (this forum is for general information and no substitute for experienced counsel).

2) Fight the TPO case against you.

3) File for a...
View More

View More Answers

2 Answers | Asked in Family Law, Child Custody, Child Support and Divorce for Georgia on
Q: How does a judge determine if a high income deviation is applied?

I have been a stay at home partner/mom since before our daughter was born. She is 7. He is salaried at $1M. He is offering $2K towards an apartment only (which he will pay directly because he refuses to give it to me directly) for child support. This doesn’t seem reasonable or fair, but I have no... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 7, 2023

Ma'am, hire an attorney. That is the best advice I can give you. Because if you don't, whatever you end up with in a final judgment will be final. And it sounds like you need a professional, with experience, to handle child support in your case, who can gather the proper information,... View More

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: Restraining order against my kids mother

My childrens mother found out my new address by manipulating my daughter, she keep showing up at my house with excuses of bringing stuff for the kids. 4 years ago she put sugar in my gas tank and stabbed my fiancé’s tires in the middle of the night, stole my mail with passports and socials, and... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 3, 2023

Advise her in writing not to come to your home again uninvited. Arrange a meeting location that is not your home address for visitation exchanges. If she continues to come to your home after you have advised her not to, you can contact the police to seek a trespass warrant. What you are... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Correct way to present my case Representing my own self on behalf of my daughter and I.

I file for sole, physical & legal custody. Legitimation & complete full name change. Court date, August 31st 9 AM Gordon County. How do I start off speaking to the judge. Do I wait for judge to ask me questions. I have file all the necessary documents myself. School started August 1st in... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 3, 2023

Representing yourself in this case is going to greatly diminish your chances of success. A great deal of the value that an attorney brings is their knowledge and ability to introduce your evidence and tell your story in a legally allowable way. Without knowing the specifics facts of your case or... View More

View More Answers

2 Answers | Asked in Family Law and Health Care Law for Georgia on
Q: Question regarding contempt/past due medical bills

The NCP hasn't paid their portion of any medical/dental copays (all documented w receipts in OFW) until after contempt was filed. The order has been changed and modified since but paying 50/50 of copays has remained the same. They state that they do not owe anything prior to the new order.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 7, 2023

We can't say what they owe or don't owe because we don't know your case, haven't seen your orders, and haven't seen any documentation. If they were to pay a share of uncovered medical prior to the new order and they didn't, then they do owe. But you also said you had... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Absent parent have messaged me about signing over their rights to child for almost 10 years.

Is this enough for a judge to give active parent full custody. But absent parent comes back around saying they want to be a man active parent after always stating that they want to give up their rights. Also absent parent send threats of calling CPS out of spite.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 3, 2023

It depends what has happened over the 10 years. If the parent, despite asking to give up rights, has consistently exercised parenting time and paid support, then termination is not likely. If the parent has been absent for that period of time sole custody is an option.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: How is jurisdiction decided in GA family court, for a temp protection order? I'm almost sure this was illegal. Is it?

My wife filed a temporary protection order on me, in a county I don't live in, and at time of filing, she didn't live there, either. I feel like I was screwed and no lawyer would touch this case. There are way more details than I have room for here. If any can help me, I'd owe you my... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 31, 2023

If you have court tomorrow, it is likely too late for an attorney to assist you, if you reached out to one today.

1 Answer | Asked in Family Law and Civil Rights for Georgia on
Q: I need help with a family issue concerning DCFS
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 31, 2023

You should speak directly with an attorney for a consultation and discuss the issues in your case.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Representing myself in court Aug. 31st Gordon County for my 5yo daughter, Any advice? I file all documents myself

Greetings Good Day, Single father here. I need help. Do anyone know a good attorney probono to assist me in getting my 5yo daughter back in my home permanent residents.

I file all documents myself accepted by the court. need assistance in helping me retrieve background history on my ex to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 26, 2023

There are no pro bono domestic attorneys. I would gather the funds to hire an attorney.

Q: How can I get a rehearing or appeal decision for involuntary tpr hearing or transfer case to the state I live in now?

My attorney withdrew at my tpr hearing but right were terminated. My kids attorney had excused absence. My kids were taken by cps because I kept reporting that I was domestically abused. I tried to flee abuse by moving to a different state where he located me 2 weeks after I arrived. Then, cps... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 26, 2023

I would advise you to have a consultation with an attorney. This isn't a place where you can get information on complex issues regarding a case that has already been adjudicated. See a lawyer in person and I would take a copy of my file with me.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How to win sole custody? Of a disabled developmentally delayed one year old ?

Dad is not actively engaged in child’s health , and he heavily drinks

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023

Sole custody is very rarely granted. A request like that requires a great deal of evidence, including evidence that he has harmed the child or is very likely to. The fact that he drinks isn't enough, especially if that is something you've tolerated for a time. You should hire an... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Is it going to be difficult getting my kids back from my deceased wife's cousin, which somehow has custody now?

My family became homeless in January. My wife and I decided to call her cousin to look over the 3 kids until we get back on our feet. Later that month my wife passes. now since she passed they have distanced themselves away from me. I havent been able to call or see them and that wasn't the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 26, 2023

You need to speak directly with an attorney. Because you speak of an "agreement" but it is unclear whether there is a court order that gave custody to your wife's cousin or now. Something simply put in writing, even if notarized, is still not a court order. Therefore, if your... View More

View More Answers

3 Answers | Asked in Family Law, Domestic Violence and Divorce for Georgia on
Q: 1. My husband and I are separating. Is there a legal form to file that will protect me against any debt he accrues?

He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jul 24, 2023

You need to consult with a tax attorney or cpa regarding the tax liability from the sale. Unfortunately, there is no legal separation in the state of Georgia. You are legally married until you are not. If you are concerned that he will incur debts in your name during the separation, you need to... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.