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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law and Probate for Georgia on
Q: My husband list his life in a police shootout. The police department said that I must show that I'm executor of estate

How do I or do I legally have to have executor of estate being his spouse and having his grown children verify

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

If he did not have a will, then Georgia law provides a specific order of priority for who can serve as the administrator of the estate. Typically, the surviving spouse has the first right to serve as the administrator, followed by any adult children.

To begin the process of being appointed...
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2 Answers | Asked in Family Law, Probate and Estate Planning for Georgia on
Q: My son's father, my ex husband died unexpectedly 1 week ago, he was married again and she has refused to inform my son o

Of any life insurance, will, etc. she has forbidden my son any contact with her and didn't include his opinion on funeral planning. My son is 31, does he have rights to anything.

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

I'm sorry to hear about your situation. In order to determine your son's rights in this situation, it would be best to consult with an attorney who is knowledgeable about probate law and estate planning in the state of Georgia.

Generally speaking, if your ex-husband had a valid...
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1 Answer | Asked in Family Law for Georgia on
Q: My 10 year old is openly expressing that she does not want to have visitations with her father. What can I do?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 23, 2023

If a court has signed an order giving her father visitation, you will need to produce the child for that visitation, or you could be found in contempt of court. Only an order of the court modifying that will change your obligation to produce the child. Therefore, even if the child says they no... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What constitutes a week of summer visitation in Georgia? 5 days or 7 days? Does regular visitation count in that time?

Judge ordered 2 weeks non consecutive visitation during the summer. They already get alternating weekends as regular visitation.

Is the week visitation constitute 5 days (Mon - Fri)? Or is it 7 days (Mon - Sun)? And does it include the normal visitation or in addition to the normal visitation?

Regina Irene Edwards
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answered on Mar 21, 2023

A week is 7 days. It is in addition to the normal parenting time.

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1 Answer | Asked in Child Custody, Juvenile Law and Family Law for Georgia on
Q: Can a 17 year old up and live with Dad? (In Georgia)

I’m a 17 year old who is not happy being with my mom, For months i am mentally not happy. I just want to stay with my dad after i get out of school for the summer May 24th 2023. Many arguments, i was starting to do poorly in school here at my moms when i used to be a student that would excel. I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

If you leave your mother to go and live with your father without a court order, your father would technically be kidnapping if he refused to produce you back to your mother. If you want to live with your father the proper way to go about that is for your father to either file to modify an existing... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: I was married in South Carolina & would like to get a divorce but I have no idea where my spouse is, what do I do?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

You can file for divorce and use service by publication to properly serve your missing spouse. You will need to use his last known address for filing and service. I would suggest hiring an attorney to walk you through how to have someone served you cannot locate and where to properly file for... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is there a general Percentage a judge may award in Spousal Support? Wife believes she is entitled to half my monthly pay

In the state of Georgia I know there are different rules for spousal support. Does a judge look at previous employment if the spouse has quit their job or taken a lower paying position? Married 18 years and she was not a stay at home Mom, though we both worked from home equally. She ran a... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

Spousal support is according to the judge's discretion. There are no percentages, guidelines, or schedules that are used to calculate how much spousal support to award someone. The Court will look at the spouse's need who is petitioning the Court for spousal support and the other... View More

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1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for Georgia on
Q: Can Cmplaint B filed if lawyer contacts person w/no-contact ordr against them, then calls cops days later & Reprts Cntct

I was dating lawyer. Broke up w/her, she trashed my house. Cops were called, she was chargd w/felony proprty damge. We got back togthr. To avoid losing license, she wrote a stmnt that got her out of trouble and put me in trouble. I ended up w/ false reprt of crime (1 yr probation, ankle monitr... View More

Regina Irene Edwards
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answered on Mar 20, 2023

You need to speak with a good criminal attorney. A bond condition is not a suggestion - no contact means no contact.

1 Answer | Asked in Family Law and Real Estate Law for Georgia on
Q: I need assistance with a family dispute over real estate.

Hello,

I am looking for legal assistance to assist me in my efforts to dissolve a property I own with my daughter. We purchased the home on 9 September 2022. She and I were supposed to live there together but due to unforeseen circumstances we are not able to do-habitat.

The sale... View More

James Clifton
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James Clifton
answered on Mar 17, 2023

Legally, if you could not come to an agreement regarding buying out her ownership interest in the property, you would need to seek a partition, which would split the property. If the property could not be split equitably, the court would order a sale of the property. If you want to avoid that, you... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Does my spouse have to leave the home after the divorce is finalized.

I bought my home before I got married and now we're going through a divorce. Oddly, we still live in the same house while going through this.

She has stated several times that she isn't leaving g after the divorce is final.

My question is, when the divorce is final and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

I think you would greatly benefit from hiring an attorney. It sounds like you have a contested divorce if your spouse is unwilling to even move out. And if you don't present your case properly, the Court could end up awarding her things you disagree with. But at your trial you should... View More

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1 Answer | Asked in Family Law for Georgia on
Q: Can my birth mother sue for visitation

I was born in California and so were my birth parents. Their parental rights were taken away in 2000 when I was 7 years old. I was adopted the following year in 2001 when I was 8. My adoptive parents are on my birth certificate. I’ve been in contact with my birth mother for about 12 years now and... View More

Regina Irene Edwards
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answered on Mar 12, 2023

No. You have no legal relationship with your birth mother. So she doesn't qualify as a grandparent to try to get grandparent's rights, and she wouldn't meet those standards anyway. So it's a definite no. You can exclude her if you wish.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Georgia on
Q: I'm being charged for Same offense in 2 separate courts?Higher court has been disposed and rehabilitated.

I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... View More

James L. Arrasmith
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answered on Mar 11, 2023

It sounds like you may need to speak with an attorney who can review your specific case and provide legal advice tailored to your situation. It is unusual for someone to be charged for the same offense in multiple courts, especially if one of the charges has already been disposed of and... View More

1 Answer | Asked in Family Law for Georgia on
Q: When petitioning for rights to visit grandchild how do I prove that the health or welfare of the child will be harmed .
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 10, 2023

My best advice to you is to hire you a local attorney in your area. Grandparent visitation is limited and several factors need to be proven in order for the court to determine that visitation is in the child's best interest. If the parent objects to your visitation, you will need to make... View More

2 Answers | Asked in Domestic Violence, Family Law and Criminal Law for Georgia on
Q: If I have a restraining order against my son for family violence, can I remove him from the deed of my house?

My husband and I purchased a home and was manipulated into adding my son and his children's mother to our deed. The agreement was for them to pay half of the mortgage. After adding them the the deed we have received no money for the mortgage nor bills. However, I have been abused mentally,... View More

Regina Irene Edwards
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answered on Mar 8, 2023

You cannot remove someone from a deed unilaterally. Even if you have a restraining order. You will need to contact a civil attorney to resolve the issue. Your son has interest in the house.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Do I need a lawyer to get a visitation schedule to see my child or would that be my right after paternity is confirmed?

The matter will be heard in Fulton Country GA and a petition for Paternity and Child Support was filed. I know I need to file an answer and counterclaim for legitimation to get proper rights in GA and a definitive visitation schedule.

There is already a child support order from Illinois... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 8, 2023

If you choose to represent yourself you will be expected to have the same knowledge as an attorney. You will be expected to handle your own discovery, your case in chief and to prepare all of your documents for Court. I would highly suggest hiring an attorney, because the child support, custody... View More

2 Answers | Asked in Family Law for Georgia on
Q: Hi! I was wondering if theres anything I can do about my daughters dad trying to reach out to see my daughter?

My daughters dad hasn't seen her or even tried to see or hear about my daughter. He lives in tennessee and I moved down here with her cause he mentally and emotionally abused me and now I'm terrified hes going to do something to her. He has kidnapped her when she was 3 months old and... View More

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

If you prevent the father from having any contact with the child, he may decide to file an action to legitimize. If he does so, sure you can object to the legitimation. However, the Court may still determine that the father being in the child's life is in the child's best interest and... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for Georgia on
Q: My divorce decree says that the other parent pays public school child care. Does private tutoring fall under that?
Regina Irene Edwards
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answered on Mar 7, 2023

No, it doesn't.

1 Answer | Asked in Family Law and Probate for Georgia on
Q: Can a person continue to file caveats until all the heirs die out?

Should my lawyer be fighting the caveat since the family member filing has not been seen or a part of our family for 30 years? They are claiming they have proof that my moms will was done under duress which is false. Can they continue to geting the caveat delayed or postpone until all the heirs... View More

Seth Meyerson
Seth Meyerson
answered on Mar 3, 2023

Most wills are upheld against caveats. I'm sure they claim a lot of stuff in their caveat. I always do. A caveat will lead to a trial if the issue is not settled before. No reason this should take longer than a year or so and may be handed much faster. Deciding whether the issue is worth... View More

1 Answer | Asked in Family Law and Probate for Georgia on
Q: is it possible to get married without a ceremony in the state of Georgia?

is there a way to get legally married without having to go before a minister or judge and just sign the paperwork? my anxiety is too high to face people

Seth Meyerson
Seth Meyerson
answered on Mar 2, 2023

I bet if you let the clerks know your issue beforehand, at worst you and your prospective spouse could meet with the judge privately in his chambers. You might need to bring a witness.

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