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Georgia Family Law Questions & Answers
2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: If my son on probation for aggravated assault with knife and got a new aggressive assault case will he get out
Regina Irene Edwards
Regina Irene Edwards answered on Aug 15, 2021

Not likely, but you may want to post in the criminal law section.

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2 Answers | Asked in Family Law for Georgia on
Q: Cps took my daughter from the hospital when she was born. It has been 3 years what can I do
Michael D. Birchmore
Michael D. Birchmore answered on Aug 10, 2021

Wow! 3 years and you have done nothing? The only way for you to obtain valid information is for you to meet with a qualified attorney to discuss all the facts of your situation.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How do I go about getting custody of my child or doing child support When I live in a different state

Mother of My 4 month old son is refusing to let me see him unless I am with her in a relationship

Michael D. Birchmore
Michael D. Birchmore answered on Aug 6, 2021

If you were not married to the mother, then you have absolutely NO rights whatsoever to the child. You are going to have to file a petition (complaint/lawsuit) in the Superior Court of the county in which the child lives. Only when you do this will you ever have an opportunity to see the child.... Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can I legally leave my spouse with my children or does he have to be told i'm leaving
Regina Irene Edwards
Regina Irene Edwards answered on Aug 3, 2021

There is a difference between legally ok and morally ok. You would not want him to do this to you (as he is also legally allowed to do.) It also could backfire on you in a custody case. Unless there is a history of domestic violence and your safety is in danger, you need to inform him and have... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: I have a question pertaining to Georgia family law

I am a stepfather and have filed for custody rights under the Equitable caregivers Act of 2019 19 - 7 - 3.1 I have some very specific questions regarding repeals of laws given the fact that I am now allowed to file for custody rights of a child as a non-biological person

Homer P Jordan IV
Homer P Jordan IV answered on Aug 2, 2021

Considering you have specific questions regarding your situation it would be ideal for you to consult with an attorney who can help you. An attorney can review the facts of your case in detail and provide guidance specific to your case.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can the other parent restrict the other from visitation based on awaiting Covid results? Court appointed
Michael D. Birchmore
Michael D. Birchmore answered on Jul 30, 2021

The best response I can provide would be to tell you -- it depends. The law in general is always going to boil down to precisely what has happened and precisely what has occurred in court and precisely what court rulings have been made. Your question assumes that a "yes" or... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: What are the requirements to marry an inmate at Hancock State Prison?

I'm not a GA resident.

Homer P Jordan IV
Homer P Jordan IV answered on Jul 30, 2021

I recommend you give the facility a call to inquire about their procedure. Here’s their website:

http://www.dcor.state.ga.us/Facilities/hancock-state-prison

2 Answers | Asked in Family Law and Criminal Law for Georgia on
Q: Can a defendant’s testimony be null and void if the defendant is under guardianship due to actions before court

I recently testified in court for a restraining order on late July and got the order extended due to admitting guilt. The guardianship was recommended by the police to my mother on early May due to many encounters with them. My parents are now planning to file guardianship over me and my question... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 29, 2021

There are too many moving parts to your question which prevents us from providing a satisfactory response for you. It sounds like you will need to speak with a criminal defense attorney or just wait and see what your situation is after the guardianship question has been decided.

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1 Answer | Asked in Family Law for Georgia on
Q: After you file a answer and counter claim in civil court is there a timeline for when a hearing is supposed to be like

Within so many days?

Kedra M Gotel
Kedra M Gotel answered on Jul 27, 2021

It depends. You should consult the court where you filed the response to determine how soon the matter can be heard. Some jurisdictions can get the parties before the presiding judge or judicial officer soon than later. Every venue is different. The Uniform Superior Court Rules provide the... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have 50/50 physical & legal custody of my children. Can my ex move their school without my consent?

In our divorce papers she has final decision on education. They have been in the same school for years but she recently moved to a nearby county and wants them to go to school there. She never asked me, I found out from the kids. I asked her about it and she says she has final say and is moving... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Your agreement should spell out whose school district controls where they go. In the absence of that, you probably both have the right to enroll them in school, based on the 50/50. You likely will not be able to resolve it through court before school starts, so unless you can prove there's a... Read more »

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2 Answers | Asked in Adoption, Family Law and Legal Malpractice for Georgia on
Q: I am a birth father. The birth mother and I want to contest an adoption we’ve consented. How do we start the process?

The birth mother signed a Post Adoption contact agreement thinking that we would be able to keep in contact with the adoptive parents. The attorney never said that both parties needed to sign. I’ve recently learned that they never signed an agreement. This would have been a dealbreaker in our... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 25, 2021

Get an adoption attorney on the job immediately. You are under a time deadline. Don’t delay.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: if the father of my child moved out of state with my daughter without legitimacy what actions can I take?

he is rejecting me from getting my child back in my custody as well as mentally abusing her. she has been with him for over a year refusing me of any rights. he recently told me that he has papers saying that my child has to remain in his custody until the court says he can have custody. I do not... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 23, 2021

You need to report this to the Police. If I understand you correctly, this man has kidnapped the child. If the child was born out of wedlock AND if the man NEVER legitimated the child, the man has absolutely -- NO RIGHTS whatsoever to the child. None. Letting this go on for more than a year... Read more »

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My son’s dad signed birth certificate late. Will i be able to get child support now or will i have to wait ?

We sent the papers in back in June, but it could take up to 10weeks for his name to officially be added to the birth certificate, can i go ahead & get child support or will i have to wait until his name is officially on the document?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 22, 2021

You can file for child support now.

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2 Answers | Asked in Family Law and Adoption for Georgia on
Q: My goddaughter which is 24 years old wants us to be her parents on her birth certificate and change her name to ours.

She has been our child for years already be provide for her but she was adopted from the state when she was 4 years old and now she doesn’t want them as her parents on her birth certificate. Can we just put a petition in to have everything change on her birth certificate or do we have to go... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 21, 2021

If you want her to inherit from you as being your own child, an adoption is the way to go. If you do not want to adopt, then you would need to meet with a probate attorney and make sure that all your advance directive documents, Wills, conveyance documents, etc. (whatever is needed to accomplish... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: I'm having to go to a preliminary protective hearing for my children what can I take with me to help me get mychildren
Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

We would need to know more about your case in order to provide you with guidance. You may want to consult with an attorney who can review the case in detail and present you with the right route to address this.

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: 17 year old living with mentally and emotionally manipulative toxic family ( who are not my parents) wanting to move out

And live with a different family member I turn 18 in two months but I can’t take it here any longer and just thinking about running away

Michael D. Birchmore
Michael D. Birchmore answered on Jul 20, 2021

DUPLICATE QUESTION.

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My kids live out state with Mom and I have monthly visitation. I would like to see if I can get credit or

adjustment for travel cost? My CS order is 2yrs old. Can this be done?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2021

A travel deviation is discretionary. You should consult with an attorney. It is possible that even though your order is 2 years old, the support could increase if your income or the child's expenses have gone up, or if the mother's income has gone down.

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1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: Is there much that a policeman can do about this situation?

I’m 17. I’m two months away from being 18. I’m moving out and teaming with a trusted friend as a roommate and I’m going back to work and I have a small business as well. I just don’t want to be at home anymore. Is there not much a policeman can do since I’m so close to being 18? I... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 19, 2021

Forget emancipation. Not enough time to make that work. Until you are 18, your parents rule the roost. Should an adult help you move out before you are 18, that person could be charged with interference with custody. It's only 2 months. Focus on the positive things you should be doing... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Can you place an ad in the paper to have the biological father removed from the birth certificate ?
Michael D. Birchmore
Michael D. Birchmore answered on Jul 19, 2021

No. There is a process that provides for this. Speak with a local domestic law attorney to learn the specifics.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Grandmother's rights in Georgia

My granddaughter is 10 she currently lives with her grandmother on her mom side. Her grandmother is sick and is in and out if the hospital, my granddaughter mom is unfit and her father is not willing to do the paperwork to get custody how would I go about getting custody of my granddaughter?

Homer P Jordan IV
Homer P Jordan IV answered on Jul 19, 2021

Have you asked her to give you temporary guardianship? You should consult with an attorney who can review the facts of the case in detail and present you with the options.

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