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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: With an active protective order and with legitimation what is to be expected ?? Do I have to prove myself a whole lot ?

I filed for a protection order that is in place. Since then I have not felt safe with my surroundings. I have been messaged to have tabs kept on me. I see online defamation of my name and I am being called many things untrue. I only have ever created and provided safe space for myself and kids. My... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

You will have to gather the funds to hire an attorney, if you cannot obtain legal aide. As for the legitimation action, the court will decide what, if anything to award the father in that case, and you will have the opportunity to provide evidence and testimony to the court regarding what you... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My ex has visitation of our 12 and 9 year olds, he supposed to have visitation which is court ordered 1,3,5 weekends

He is now homeless and takes our children to airbnb and hotels for his weekends. Can I withhold visitation until he has a place to live?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

No, you cannot unilaterally decide to deny his visitation because you deem the places he is taking the children to be unsuitable. If he is taking them to rented locations, then they are in safe, probably sanitary, residences, even if they do not belong to the father. If you want to modify his... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: child’s father has moved across the country no support can I remove from birth certificate?

my child’s father moved across the country. We were never married, but he was put on the birth certificate. We have never gone to court. He would just randomly send money every once in a while, but has stopped in the past six months can I remove him from the birth certificate?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

I'm not sure why you would want to move the actual father from the birth certificate. If you want child support you can go through the court to obtain an order or through the state. Opening up a case with the state will be of lower cost than hiring a private attorney. Yet, a private... View More

1 Answer | Asked in Family Law for Georgia on
Q: Legal assistance to allow us as grandparents to see and visit our granddaughter?

Our ex son in law is not allowing us as grandparents to visit, see, or have our gra daughter with us.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

You should speak directly with an attorney to discuss any rights you may have as grandparents. An attorney can review the law with you regarding grandparents rights and see under the statute what your rights may be. They can then advise you as to how to move forward in the courts to assert those... View More

1 Answer | Asked in Family Law, Real Estate Law, Child Custody and Child Support for Georgia on
Q: What if the other party's lawyer is asking demands via phone and refuses to email me anything? Can I report him?

The father of my child is asking us to leave the house, under his name, and is demanding short time. He moved out years ago. The lawyer has not presented me with papers or anything physical but constantly calls me, and reminds me of deadline. I told him, nothing is legitimate until I see papers.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

If you have a family court case you should hire an attorney with experience in handling those matters. As you are the opposing party, and you do not have an attorney, the attorney representing the other party does have to speak directly to you, regarding the case. And they can choose to... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Is a Transfer on Death Deed legal in Georgia?
James Clifton
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James Clifton
answered on Sep 11, 2024

Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: What can someone do if they find out they could have pled nolo instead of guilty in an aggravated stalking case a year

This was a year ago and the person got 5 years probation a fine and of course no contact with the other person. The lawyer did ask this person if they could please nolo but they said no because they didn't know that you could do it after they had before but that's been 30 years ago.

Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

You need to get a second opinion from a local criminal lawyer as generally you can move to amend or clarify sentences on a motion, but no guarantees. Failure to use all your remedies is an appellate issue and can be ineffective assistance of counsel, but there is a lot of strategy at play the... View More

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Can a custodial parent submit doctors bills after the decree is completed?

The child support decree ended on my son’s 18th birthday and the mother sent me doctor bills from 11 months ago after the decree ended.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 9, 2024

That depends on any language in a previous order pertaining to when medical bills needed to be sent in order to be paid. if there is a deadline within which the custodial parent has to notify you of said bill and that deadline passed, then the Court may determine you do not have to pay your... View More

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Can a custodial parent submit doctors bills after the decree is completed?

The child support decree ended on my son’s 18th birthday and the mother sent me doctor bills from 11 months ago after the decree ended.

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

A decree doesn't always "end" on a child's 18th birthday, and definitely does not if the child is still in high school. If the bills were incurred while your child was a minor or in high school, you may still owe. Consult with an attorney who can review your decree and give you specific advice.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Anyway I can terminate child support?

I had a baby out of wedlock she put me on support and won’t let me see the child due to not being legitimized, anyway to terminate the support?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

No, a court does not allow a father to terminate a child support order because he does not see the child. If you want visitation you will have to file the proper action and seek those rights. You could be paying child support for 18 years and never see the child. You will need to take the mother... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can my child still decide not to go to his fathers even with a court order now that he is 14?

In November 2023 I finally took my sons father to court for child support after receiving no help for 14years other than cash app of $20 every so often. We signed documents stating he would go to his fathers every other weekend and every other week during the summer. His father however changed the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

The answer to your original question is no. Your 14 year old child cannot decide he is no longer going to go to visit his father. If you want to change the visitation and/or remove some visitation, you will have to take the father back to court. But if you do not send the child, you could be... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: I have a cs case in GA with an arrears balance only The other parent has agreed to close the case. Can I get a passport?

Once the case is closed, will it update with the passport agency so I can apply for a passport and get approved.

The custodial parent has agreed to close the case because we settled on an amount.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

Simply because the custodial parent has agreed to close the case and even if they do close the case, all they are doing to closing a case with child support enforcement. Your arrears are not disappearing. You still owe arrears and can still be prevented from obtaining a passport. Closing that... View More

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What part am I responsible for legally?

We agreed to split extracurricular activities 50/50 as long as I am notified within thirty days of the cost. She signed our son up in January and agreed to pay 8 installment payments but didn’t notify me until the end of August and is asking for the full amount. I’m also not listed anywhere on... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

The question you need to ask yourself is do you ever want to be in court explaining why you refused to pay your share, and using the argument that you were notified late, on a payment plan? If the answer is yes, then you can refuse to pay. But I would consider how it would look to a judge, for... View More

1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Help needed asap!!

Hello!

I am from Georgia. My sons late grandfather has had custody of him since he was small due to the hostile nature mine and my sons late fathers relationship. Since my sons grandfather has passed away, I have been sent paper work that has been nothing but LIES! How do I go about filing... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

It is uncertain what papers you were served with that contained false statements. I would suggest you speak directly to an attorney so you can explain what action has been filed, what papers you were served with, and get some clarity.

1 Answer | Asked in Family Law for Georgia on
Q: If the father of my son gets legitimized does this prevent me from moving to another state for job advancement with son

He will be 2 in November and I work for the VA.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

The court will determine where the child should be regarding custody, visitation, child support, and any other matters, which include where the child will live on a permanent basis. If the court determines that the child cannot be removed from the jurisdiction, they will state that in an Order.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How does a divorce work in Ga while I am a housewife with no access to money..Everything is in my husbands name.

We have been married for 20 years and we chose for me to a be stay at home mom..We have successfully raised two adult children…We have a 7 year little girl now. As of today, I feel he is having an affair and getting ready to ask for divorce..I need to get information of my rights and get my self... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

If you have no access to bank accounts and cash, I would use credit cards, borrow money from family & friends, or whatever you have to do, to hire an attorney. Once you use those funds to retain an attorney, that attorney can seek funds from the court on a temporary basis to pay your... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Amending divorce decree.I am disabled and husband lied,hid assets,and left me homeless

I have evidence of my husband’s hiding assets,prolonged lying to me about divorce agreement when he planned all along to go to a court date i knew nothing of and obtained a divorce bc of my absence so to avoid financial obligations to me.I’ve suffered extensive hardships,homeless living in my... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

I think the issue you will have is during the divorce proceeding you had the opportunity to engage in the discovery process, which would have allowed you to determine what assets, income, debts, etc. through the form of depositions, interrogatories, admissions and a request for production of... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Is it a reasonable request to ask to reduce the amount I'll owe my husband by 15k?

My net worth is 55k more than my husband's and I'll be losing my health insurance in the divorce. How can I request that we reduce the cost by 15k?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

I would suggest you hire an attorney. Because your question, "How can I request that we reduce the cost by 15k?" does not make sense. The Court does not reduce your net worth because you will be losing health insurance. And I'm not sure how your net worth factors into your divorce... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My wife is wanting a divorce and we purchased a 80.000 dollar mobile home and now she wants me out

We have been married almost 10 years

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

During a divorce proceeding if the parties cannot agree, the court will distribute all assets that they deem to be marital property, and will let the parties know anything that can be considered separate property. But you will have to file for divorce in order for the court to decide who gets what... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: If my mom had no will, will it be split up between my dad and I .
James Clifton
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James Clifton
answered on Sep 3, 2024

Yes, your mother's estate will be split according to the laws of intestacy. The split percentage depends on the number of children your mother had. If you are an only child, you and your father will each get 50%. If there were multiple children, your father will receive no less than 1/3 of the... View More

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