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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law, Criminal Law and Probate for Georgia on
Q: What can be done? If my children, only heirs were minors when their father passed away, 11 & 13. Now 20 & 22. Fiduciary?

We live in Ga. Their dad's family lives in TX. In 2014, they came & took kids stuff & their dad's stuff & his body back to TX. I filed the Will I had in the county he lived/died in 2014. 8.5 yrs later the kids were told their dad did another Will 2 wks before he killed... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jul 12, 2023

Why are you just raising these issues 10 years later. What happened to the will you filed with the court?

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Do I need to start divorce filing over.

My wife filed for divorce Feb 2022. I was never served. We were leaving separate and she did not have my address therefore she filed a order for service by publication and then an affidavit of publication followed by a rule nisi being filed. I was never informed of a hearing date. Since rule nisi... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 15, 2023

If the case was never finalized or dismissed, it is still open. If you are going to represent yourself in this action you will need to go through the process of having a court date assigned for trial. You may also consider filing an Answer unless you agree with eveyrhing she stated in her... View More

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What is considered a bill for med expenses for child support? Also, is an EOB considered a sufficient bill for med exp?

I received a statement from the mother of my child from her insurance company for medical expenses. The CS order states that a validated bill must be presented before 50% service to be paid by me either in reimbursement or directly to provider.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

If you received anything that might indicate your child had a procedure that wasn’t 100% covered and there is an uncovered medical expense left, I wouldn’t split hairs over whether what she gave you is a valid bill or not. You can contact the medical provider yourself and see if there is a... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: I have no income or assets and am asking for joint custody in divorce.

Need help filling out Domestic Relations Financial Affidavit. I have no income, we are not using lawyers, trying to do it as easy as possible.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

It is highly unorthodox for a private attorney to walk someone through how to fill out a financial affidavit or any divorce documents for free. If you don’t understand how to list your assets and expenses you could locate a family law information center, as some of the courthouses have them, and... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: In Georgia, when do parents get a court appointed attorney when DCF gets involved, without removing the children?

Safety plan has been signed by only one parent, other parent has received no paperwork. 3 children involved however only two under safety plan of supervised contact with both parents, children are separated and third child has no safety plan. Also when do the children get a Guardian Ad Litem... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

Appointing a GAL is up to the judges discretion. If the judge determines that one is needed for the case they can appoint one. They will also consider whether a GAL needs to be assigned if there is a motion to appoint one in a case. As far as your original question, parents do not get a court... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: spouse abandoned marriage, refusing to reconcile, money I do not want her to take if she files divorce. Can I donate it?

I know people in need that can use it. Spouse refuses to talk to me so we can’t discuss it. I want to make sure I won’t be in trouble if she moves forward with divorce.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

I would advise against disposing of any assets that may be considered marital property. Assets of that nature would include money in bank accounts, retirement funds, stocks, bonds, furniture, appliances, vehicles, recreational vehicles, property, clothing, jewelry, antiques, etc. You don’t want... View More

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: In a child custody case , i have witness statements. Do I have to subpoena to the witnesses to use them in a Hearing ?

I want to use them the witnesses in a hearing. The dad overindulged in alcohol and is aggressive to child and mother .

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

I would suggest hiring an attorney to represent you at trial. Trial procedure can be difficult for non-attorneys as you cannot use affidavits at a final hearing. Your witness will have to be available to testify and you will need to prepare your questions for your witness. You will also need to... View More

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1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: hello i was wondering what type of lawyer i needed to contact for a mis-management of my DCFS case?

my children got taken into the states custody during the time being my husbands civil rights have been violated, and there has been severe mis-management of my case. there has been several things that the department has done wrong.

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

In the state of Georgia a parent involved in a deprivation case does not get a court appointed attorney. If you want an attorney you need to contact someone who handles juvenile cases as a parent attorney and discuss your case with them.

1 Answer | Asked in Family Law and Probate for Georgia on
Q: My husband passed away 3 weeks ago. Is the spouse required to pay the 3 credit cards which are in his name only?
T. Augustus Claus
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answered on Jul 5, 2023

I'm sorry for your loss during this difficult time. Regarding the credit card debts, as a spouse, you generally would not be automatically responsible for your deceased husband's individual debts unless you were a co-signer or co-obligor.

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: Doesn't child support validates the constitution?

The administrative process violates separation of powers and is unconstitutional. In re Marriage of Sandra Lee Holmberg vs Ronald Gerald Holmberg as well as other case laws that already a exist.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 4, 2023

You should hire an attorney if you have a pending child support case because the argument you have presented today will not be successful and you will be assessed with support, if you are the biological, non-custodial parent and the custodial parent seeks support. And since you will be unable to... View More

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I am currently unwed @ 32 weeks pregnant. What do I need to do to permanently revoke the father's parental rights in ga?

He is a drug addict and still married to another woman and has gotten myself and another chick pregnant. He has not shown up my entire pregnancy and asked me to give the baby away 3x and is a lying manipulating narcissist that is verbally abusive to his daughter and recently overdosed with his son... View More

Tessie D. Edwards
Tessie D. Edwards
answered on Jul 3, 2023

You definitely need to seek a consultation with a family law attorney to go in-depth regarding your options. In Georgia, it is not an easy task to take away parental rights as it is in the child's best interest to have the love and support of both parents when possible. The court would... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: Can I receive alimony if I've been married only 6 years to a controlling man who cuts me off financially whenever he wa

He didn't let me work due to his jealousy and also because he wanted to get citizenship through me. I basically have to do whatever he wants or he'll cut me off financially. I cant get a lawyer because I dont have the finances. He owns a business as well. He also has an order of... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2023

My best advice is to use credit, loans, family, friends, and the sale of any assets you have to hire an attorney. The attorney can then petition the court for temporary spousal support and attorneys fees so that you can attempt to obtain an order to help you pay for your lawyer and take care of... View More

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1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: In Georgia, if a probate court awards an heir furniture, is it in perpetuity or does it become abandoned if not claimed?

When my grandmother died, one of her children was awarded some of her furniture by the probate court. The home was then purchased by her fiancé, but her child never picked it up. Now, almost 10 yrs later, her fiancé passes away and the child says the furniture still belongs to them. I was told... View More

James Clifton
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James Clifton
answered on Jun 29, 2023

You will need to look specifically in the probate records which may only be viewable in person at the Probate Court Clerk's office to determine if there was language in the order that required the furniture to be picked up within a certain amount of time. Generally, the inheritance is... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: What is the purpose of going to mediation for divorce if I am not requesting anything from my husband?

I filed for divorce and have not requested anything which would be uncontested. My husband hired an attorney and I don't understand why. I just want him to sign.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 28, 2023

If your husband didn’t sign then your divorce wasn’t filed as an uncontested divorce to begin with. And as you have a contested divorce, he hired an attorney I’m assuming to make sure that no errors were made, as a final judgment will be final. His Answer is likely to derail if he’s... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: The mother of my child just up and left, have no idea where my child or the mother of my child is at. Is there any I can

We not married, I sighed the birth certificate. I have a house (we was living in) and a good income. The mother low income , no house in her name and been to jail for drugs twice

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 28, 2023

Only if you had filed an action to legitimize your minor child and had the mother served could you have prevented the mother from taking the child out of the jurisdiction. Since that hasn't happened, the mother is free to take the child anywhere she wants, as the mother has sole legal and... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Wife told me she is moving out on the 1st, it is the 27th. What about the household bills she is responsible for.

Is 30 days notice needed? I have not been served divorce papers but she has scripted a custody agreement I have not consented to. She plans to take the kids on the 1st

Regina Irene Edwards
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answered on Jun 27, 2023

No one is automatically obligated to pay bills for a home they are leaving. If her income vastly exceeds your, it is possible that the court can order her to pay some of the expenses of the marital home. You may have to prepare to pay the bills ourself, as well as child support unless you work... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can I get a divorce when my husband want sign
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

You only need a spouse to sign certain documents in an uncontested divorce. If your spouse refuses to sign the necessary paperwork, then you have a contested divorce. But you do not have to remain married if you don’t want too. Hire an attorney and have them file the necessary documents to... View More

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2 Answers | Asked in Family Law, Estate Planning and Probate for Georgia on
Q: When my father died my mother said that the most recent will was lose and could not be located.will was drawn up in 2004

So she probated a will from 1984 .which gave her everything .we the children didn't get any inheritance from my father's estate .now my mother has made my sister remainderman of a trust .basically making it where I get noughing from my father's estate .my sister already had land... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

Whether it is worthwhile to pursue depends on the size of the estate. If it is a multi-million dollar estate, it is probably worthwhile to consult a probate litigator in or near the county where your father's estate was probated.

A key piece evidence is that 2004 will that your...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: As Co-Trustee, does Trust have to pay dad's medical bill just received for services 13 months ago? It's not last illness

State of Georgia. My dad passed 10/2022. Last illness diagnosed 9/2022. Hospital Bill in question dated 6/2023 for outpatient CT scan 5/2022.

Additionally, when can I close out Trust account and pay out inheritance?

How long do we have to wait for bills to come in?

Thank you

James Clifton
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James Clifton
answered on Jun 25, 2023

You need an attorney to review the trust to clear up the below assumptions. If the trust was a revocable trust with your father as a lifetime beneficiary, the trust is responsible for all debts of your father. The trust does not act as an asset protection device. If the trust was not created by... View More

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: How long does custodial parent have to submit non custodial parent medical bills in Georgia?

I'm having an issue with my child's mom. Part of out child support agreement is that I pay 50% of non elective medical expenses. I was informed thru email 5/4 of services for our child. First service was for and ENT rendered 1/30. I was sent a bill for that service 5/4. The next 2... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 28, 2023

You submitted this question on Avvo as well and I think you got some great responses. There is no deadline for the custodial parent to submit medical bills to the non-custodial parent for payment, by law or statute in this state. Therefore, if there is not a deadline in your parenting plan, child... View More

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