When he lost his job he could have modified his child support using a legal aid service or representing himself. Now that he's been incarcerated, there is no timeframe for which they are legally bound to let him go. So he may sit in jail for awhile if he cannot satisfy the purge amount. They... View More

If the case is settled it doesn't matter where the parties now live. If you need to modify the action and you qualify for a modification, then you file where the defendant lives if he lives in this country.

You've asked several questions here so I'll address the first question of how long does it take for termination. That depends on several factors, whether this is voluntary or not. If the guardian is willing to voluntarily terminate the guardianship they can simply give you the children... View More

The best advice I can give you is to hire an attorney. We can't see the order the court signed for testing. Therefore, we can't give you instructions on how to proceed regarding having the test completed. The father has an attorney, which means you need an attorney. Because I'm... View More

Reunification (getting your child back) is going to be a process. Most parents find this process a lot less frustrating when they have an attorney representing them. Without an attorney you may find social workers and attorneys for the state who do not want to communicate with you, judges who you... View More

Contact the Georgia Legal Services Program. It offer free legal assistance to low income people in 154 of 159 Georgia countries in a variety of areas of practice including family law.

It will prescreen you to determine your eligibility then put you in touch with a lawyer.

If you need any support from your spouse you have to file for divorce. Only then can you get a court order for him to pay spousal support, child support, utilities, or any expenses he was paying on a temporary basis, until such time as the court can make a final determination on those matters.... View More

19 COLONIAL RECORDS OF GEORGIA, 1774-1805 (Pt. 2) 290-92 (Candler ed. 1911). Declares that the common law of England is in full force and effect unless it is inconsistent with the Georgia constitution, laws, and form of government.

Hornsby v. Smith, 191 Ga. 491, 13 SE.2d 20 (1941). Holds... View More

You can't withdraw from a temporary order. A temporary order is temporary. It is in place until the court can enter a final order. If there is something you want to amend on a final basis, you will need to convey that to the court at your trial or if you and the other party come to an... View More

You should consider hiring an attorney to assist you in settling your child support case. An attorney can help you come to an agreement on how much you would pay per month. And as long as your payments are being made, the state shouldn't be trying to garnish other monies . But since you... View More

You can always attempt to collect child support arrears, provided the state that governs those arrears does not have a statute of limitations that has run. However, it sounds like you have not had much looking using the Division of Child Support Services in various states to collect. Thus, you... View More

The father should hire an attorney and file an action to legitimize. In that action he should seek sole legal and physical custody of the child. Since he has been paying support and can show he’s been an active participant in the child’s life, it should not be an issue for the court to... View More

This is a complex issue. Get a Georgia Guardianship/conservatorship attorney. The money you save will be your own.

Please remember this is site for general information and should not be used as a substitute for retaining a lawyer who regularly practices in the Court wherein your case is pending. That being said, if there is a pending case are there not also temporary orders (called "lis pendens" in... View More

Each owner is entitled to equal use and possession of the property. There can be no rental to someone who is also an owner because their ownership interest is of a higher priority. If the divorce decree awarded the property to the wife, then the ex-husband could be a renter. Under that... View More

There are income guidelines for legal aide services and sometimes a waiting list to accept cases. If you can't get a legal aide service to take your case you should contact some domestic attorneys and see if they will work with you and accept payments. Sometimes if you can get a lump sum... View More

You are going to need to file for what is called a "Due Process" complaint against the district which is failing to provide free and appropriate public education to your child (FAPE). Due Process is a term of art within education law that is distinct from other uses of the term you may... View More

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answered on May 17, 2023

You don't have many options if you don't want to separate or divorce. You can't go to her parents' house to get the children as that could be considered trespassing. If you file for divorce or separation, she likely will be forced to bring the children back. If you do... View More

Unfortunately, the restraining order and the custody case are 2 separate cases and focus on 2 issues. In order to be successful in gaining a restraining order, you will need to show the court that there has be physical harm or serious threats of physical harm to you and/or your child and there is... View More

Georgia law provides that a spouse and children share equally in the estate. If you are the only child, you are entitled to one half of the estate.

Your father had a right to file for year's support which could result in him receiving all property.

You should consult with a... View More