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
2 Answers | Asked in Child Support and Family Law for Georgia on
Q: What is the deference between the "DOMESTIC RELATIONS FINANCIAL AFFIDAVIT" vs "Child Support Worksheet"?

I am in the process of filing a CS modification and wanted to know which will be used to calculate the child support amount.

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 17, 2023

First, I would urge you to hire an attorney and not represent yourself in this case, unless you are going through the Division of Child Support Services for this modification. A Domestic Relations Financial Affidavit is a document that outlines a parents income, expenses, assets and debts. You... View More

View More Answers

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How do I enforce unpaid medical/extracurricular from the noncustodial parent?

I've already filed late CS w DCSS and they told me I could not add these expenses--only the late child support. The noncustodial parent owes over 2k in medical/extracurricular and I cover the insurance for both children and have them 100% of the time. She also owes over 7800 in CS arrears.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 16, 2023

Per your statements if there are arrears of $7,800 and over $2,000 in expenses owed, that is worth you hiring an attorney to file for contempt. An attorney can obtain a judgment for the funds owed, and they can also assist you with post-judgment collections. Because it's not just about... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: What are the stipulations for alimony if I get a divorce (but with only an income of $50,000.00 a year) He doesn't work!

I have been married for 6 years; I want divorce. He doesn't work he's been found fully disabled but doesn't receive benefits due to my income ($50,000.00 yr.) he has threaten that he will file for alimony if we divorce. What are the chances that will be awarded alimony? We don't... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 16, 2023

The court is going to look at his need, your ability to pay, and determine if they're going to award him any spousal supports, if he requests it. There is no statute or guideline as to exactly when spousal support is awarded. If you file for divorce, and he files an Answer asking for... View More

3 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Georgia on
Q: 2 Fridays ago, my daughters half brother asked if he could spend the night. We picked him up not knowing he snuck out.

His mom applied for a warrant and now there's a pre warrant hearing. I honestly didn't know. Do I need an attorney?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2023

Yes, you need an attorney.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can you file to stop a order signing over full permanent custody in Georgia?

My daughter had a controlling boyfriend and he made her give her baby to the fathers aunt whom isn’t even blood related. The lady tricked my daughter by telling her it would only be for like 3 to 6 weeks. The boyfriend was in on this also. My daughter has a learning disability and doesn’t think... View More

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

My best advice to you is to speak directly with an attorney for a consultation and provide the paperwork you are referencing for the attorney to review. They can then see if there has been a legal guardianship filed, adoption or just exactly what type of rights were given and/or relinquished.... View More

2 Answers | Asked in Child Custody, Domestic Violence, Family Law and Child Support for Georgia on
Q: Can I have a petition for legitimation, custody and child support dismissed ...

On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??

I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... View More

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

A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... View More

View More Answers

1 Answer | Asked in Family Law for Georgia on
Q: how does THE MOTHER get her baby back from THE GRANDMOTHER who refuses to give it back in Georgia?

my friend allowed her mother to watch her baby while she moved and straightened out her life. After reaching her goals about a month or more later the child's grandmother suddenly refuses to give child back to mom.There are no court orders giving granny any rights to the child.NOTE... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 10, 2023

If there is no court order granting guardianship or custody of any kind to the person who currently has the child, it is kidnapping if the child isn't returned. The mother should call the police if the grandmother refuses to return the child. And it doesn't matter who knows someone in... View More

1 Answer | Asked in Family Law for Georgia on
Q: What is the process for Legitimization in Georgia? Can someone legitimize a child if they are not biological father?

I have been served with a petition for legitimization for my daughter? What do i need to do? He hired an attorney but I cannot afford one. Can I request a DNA test? Can he legitimize her if the DNA test proves he is not her father? Do you know any pro bono family court attorneys who might help me?

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 10, 2023

If the opposing party has an attorney I would suggest you get your finances in order and hire one as well. To clarify, there are no pro bono attorneys. Some attorneys do pro bono work. Feel free to see if you can find an attorney to handle the case without any payment. But I would start looking... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Georgia on
Q: When protective order is over can I contact n see kids automatically or what

Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023

The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... View More

1 Answer | Asked in Family Law and Adoption for Georgia on
Q: I want to adopt my nephew in TN, I live in GA for his best interest he is 4. How do I go about doing this?

My nephew's mom is my younger sister has been in trouble with the law, currently on an ankle monitor and has accepted a PPP loan for a business that she never had. She is not making the best decisions for herself nor my nephew and I want to adopt him until her circumstances improve.

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

You should schedule a consultation and speak directly with an attorney to discuss this case. Because the advice given and the steps on how to move forward will depend on whether the mother consents to this change or not. This sounds like guardianship and not adoption. But even in a guardianship... View More

1 Answer | Asked in Contracts, Family Law, Child Custody and Child Support for Georgia on
Q: Any lawyer available to write a new and detailed parenting plan? This with be a modification. Thank you.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 25, 2023

You will have to contact an attorney directly and speak with them. And I would explain to the attorney exactly what you are looking for, so they can determine if they are able to bill for simply writing a parenting plan for an ongoing case.

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my husband take my kids if they aren’t his but his name is on birth certificate and we were married at the time
Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 24, 2023

The husband of the mother is presumed to be the father if you were married when the children were born. But that presumption is rebuttable. But this cannot be addressed until you file for divorce. I will say that married parents have equal access to children born of the marriage until one of... View More

View More Answers

1 Answer | Asked in Family Law for Georgia on
Q: Im married but separated, and my husband isn’t my children’s father but have his last name can he take them from me?

I’m married but separated, and my children have his last name, but they are not his children. Can he legally take them from me? I’m separated from him and I’m not allowing him to see the children. Is that wrong and can I get a restraining order against him for all the things that he’s done... View More

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2023

There isn't enough information to answer your question. I can't tell if the children were born during the marriage, or before. That matters in terms of whether he has rights. You should talk to an attorney about your options.

1 Answer | Asked in Family Law for Georgia on
Q: Is it fair for the father to just now want to come in and help while after you’ve been asking for years ?

I’ve been with them since birth and only a little help from dad not much. I’ve did things his way and he changed them around when he’s unhappy and he’s very controlling.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 19, 2023

Do you have a legal question you would like an answer too?

2 Answers | Asked in Family Law for Georgia on
Q: What can be done when a parent in Georgia fails to get children for their court ordered visitation?

My ex and I (never married to each other) have 2 children, we have been to court for custody/visitation. We have joint legal custody with an every other week visitation. Do I have legal options if she never gets them for her scheduled week? This is an issue that has been going on for at least the... View More

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2023

The legal system can't make her be a good parent. Enjoy the extra time with your children and just document for now. If you file a modification, you may get custody, but she'll get more time awarded her on paper than she's exercising now, so the actual situation may not improve... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I left my home 8 months ago I have returned will I still be entitled to half of the assets?

I felt pressured into leaving my there was no respect in the home

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 18, 2023

Assets both you and your spouse accumulated during the marriage will likely be considered marital property, depending on the source. When you file for divorce, your attorney should go through the discovery process, collecting information on all assets that may be considered marital property, and... View More

View More Answers

1 Answer | Asked in Civil Litigation and Family Law for Georgia on
Q: I am a widow as of 2018. I recently ended an unhealthy relationship. My mother in law had to p/u my two boys from school

March 24, due to my boyfriend running from law enforcement, and leaving me w a posesion charge. He turned himself in later the same day, and admitted everything was his.My mom in law bonded me outApril 3, a little over a week and now she thinks I should voluntarily sign her temporary guardianship... View More

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2023

Just tell her no. If she sues you for custody, get a lawyer. You probably will need to get your own place with the children.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Hello I’m trying to make sure I will not be detained for leaving state with my two kids.

I am legally married but have been separated for 7 months. I left due to domestic violence and his active addiction.

I have informed him I am leaving state to move . He refuses to be sober and get the needed mental health treatment. There is no case open in ga for family law and he has not... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 17, 2023

If there is no case currently pending regarding the custody of your minor child, you are free to leave the state. However, you may want to consider filing for divorce. Because with you being married, he has just as much access to the child as you do. You would not be able to stop him legally... View More

View More Answers

1 Answer | Asked in Family Law for Georgia on
Q: Hi, my wife and I retained a lawyer in 2018, and only used a small amount. Are we legally due the outstanding balance?

This was for school matters with our child. The lawyer performed only one or two actions, for which they billed against the retainer. We haven't needed representation since, but left the retainer in place. There has been no correspondence either way. Just remembered the retainer exists. The... View More

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2023

That is an unusually long time to wait to see if you are owed money back. I'd suggest reaching out to them first. They may not have records that go back that far, so you may have to let it go.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My child's father keeps taking me to court. He will create confusion, mistrust, for a response to then take to the judge

He works on the weekends and just recently had my son at his job, for 8 hrs unsupervised. My child became ill and he never contacted me. My son does not want to go with him anymore, but it is court ordered. He did not bathe him for two days and kept the clothes on him I sent him with. If his dad... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 14, 2023

You speak of the next court date, and I think you need a lawyer if you have an ongoing case. It would appear that maybe you are having difficulty presenting your case in court if you have not been communicating the issues you are experiencing when the father has visitation. If there is an order... View More

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.