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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law, Probate and Elder Law for Georgia on
Q: Georgia, who gets conservatorship of incapacitated parent with 2 living adult children?

i.e. An adult couple have 2 adult children. 1 spouse/parent dies and the other is incapacitated. Who is likely to get POA and conservatorship of parent? The eldest child was already named primary in a medical directive, and also listed on a STATUTORY FORM POWER OF ATTORNEY on mortgage papers for... View More

Seth Meyerson
Seth Meyerson
answered on Mar 2, 2023

The designation in poas creates a preference for the designated. The issue still needs to go before a judge if a guardian and or conservator is to be appointed.

Another question is why do you need the courts involvement if you already have poas. See an elder law attorney in Georgia.

1 Answer | Asked in Family Law for Georgia on
Q: hello,I was wondering if its legal for my husband to take my name off the apartment lease and move in but not allow me

My husband and I got into an argument and he removed my name from the apartment lease this was in tucker Georgia at the lavista crossing.

he moved in but didnt allow me to

Regina Irene Edwards
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answered on Mar 1, 2023

Laws don't govern what spouses do for each other as long as the action itself is not illegal. He's not required to keep you on the lease. If you have lived there together, he cannot exclude you from the home.

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Do you have to file contempt in the court that holds the original order?

Ex wife filed contempt in the county I live in that doesn't hold the original order.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 1, 2023

A defendant can typically be sued in the county where they are a resident. She did not have to file in the county that signed the original order unless you had moved out of state. She can file in the county where you live, and I would suggest you hire an attorney.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: legitimation/ temporary custody hearing with child’s father august of 2021. I just received notice for a final hearing.

What should I expect as far as the procedure? I thought case was closed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 28, 2023

I can't tell you what to expect when I don't have any details of your case. You stated, "legitimation/temporary custody hearing with child's father august of 2021, I just received notice of a final hearing. What should I expect as far as procedure? I thought the case was... View More

1 Answer | Asked in Family Law, Probate and Landlord - Tenant for Georgia on
Q: I live in a house my mom Owen’s & I lived there for years . Now my brother & sister are trying to evict me .

My mom has all timers & dose not remember anything. The house is still in her name.

James L. Arrasmith
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answered on Feb 25, 2023

If the house is still in your mother's name and she has Alzheimer's and is unable to manage her affairs, it may be necessary to establish a conservatorship to manage her assets and make decisions on her behalf. A conservatorship is a legal arrangement in which a court appoints a person or... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: If neither parent has custody of minor children do we file divorce with or without children?

Both minor children’s paternal grandmother has sole custody of both minor children. And there is a 3rd child but he is not a minor.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 23, 2023

If you have living biological children born of the marriage then you have children, whether they currently live at your residence or not. The Court needs to know that you have living minor children in order to address the custody & visitation of those children as well as child support, if that... View More

1 Answer | Asked in Civil Litigation and Family Law for Georgia on
Q: Can I sue my soon to be ex husband for causing my family to be homeless?

Hi! I am in desperate need of an attorney. I have already filed for divorce, but need a lawyer who is versed in the ways of a narcissist. I reached out to Georgia Legal Aid for assistance with this, but was denied due to funding. I’m turning to this community because I have limited funds myself,... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 23, 2023

A judge can't order you to find an attorney. You can always choose to represent yourself, legally you have that right. Now the judge may have told you to get an attorney because they may really think you need one. But that's not an order. You don't sue someone for making you... View More

1 Answer | Asked in Family Law for Georgia on
Q: Can you move out of state if grandparent visitation was granted temporarily

My father in law has a temporary grandparent visitation order for my stepson. we are relocating to a different state near the other three grand parents for my job.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 23, 2023

You could find yourself in contempt of court if your move prevents the grandparent from exercising visitation. Temporary visitation means that a case is still pending. If so, I don't think you should relocate without notifying the Court. The Court may need to reevaluate the visitation so... View More

2 Answers | Asked in Family Law, Estate Planning, Banking and Elder Law for Georgia on
Q: Banks legal liability by allowing spouse to write checks on my fathers checking account that had no co-owner or POD.

My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).

My... View More

Seth Meyerson
Seth Meyerson
answered on Feb 21, 2023

Will names your sister as "guardian." Perhaps you mean executor? I think I would be more worried about what is in your father and mother's estate and how to get your fair share of this, rather than weather or not you can sue a bank.

See or call a Georgia Estate attorney.

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1 Answer | Asked in Family Law for Georgia on
Q: How do I serve the opposing party notice of NISI who lives is another state?

We already have a temporary ruling. The opposing party lives out of state.

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

Service should be perfected according to the laws of the state in which you need to complete service. If you're unaware of how to serve a Rule Nisi, you should probably hire an attorney to represent you. Because it is likely that you are also unaware of how to represent yourself at a final... View More

2 Answers | Asked in Family Law and Divorce for Georgia on
Q: Do I have any right to the marital house that was bought before marriage but refinanced several times during

House bought 2004, I moved in 2005, married 2015. Have 3 children together living in the house 15,14,&10. The last time house was refinanced was 2020. My name is not on it. Do I have any rights? Can he throw me out?

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

If you're living in the residence and have been, your spouse cannot evict you. You should speak directly with an attorney to determine what you may be entitled to regarding the home purchased prior to marriage. Due to the fact that you may have been paying some of the mortgage or some of the... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: What falls outside the coverage of child support? i.e. expenses that I should split with my ex, in addition to CS?

I pay half of private school tuition for my two kids. In addition I give their mother a monthly child support amount. I also pay for half of summer camps, and half of medical expenses that she pays out of pocket. However, she is asking me to also pay half of other expenses incurred during the year... View More

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

If you have an order for support your order should state what you pay. There should have been a child support worksheet completed when the court established your order that included any expenses the parties pay. There could have also been a child support addendum, which further explained what... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Does a child have to be a certain age to decide which parent they want to live with if they have joint custody since div

The children do not want to go back to their mother's house when they have to go back home Sunday because of abuse and new husband and problems there

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

The Georgia code states:

5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected...
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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: I have a case with Child Support Services. Can I also file a court case for contempt of non-payment for child support?

I took NCP to court for contempt of child support and the Judge stated I could only have either the courts handle my case or Child Support Services. He stated that if I want the court to handle it then I have to close my Child Support Services case. Also, to be able to close my Child Support... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 9, 2023

Should you choose to close your case with the DCSS, it is highly unlikely they are going to refund you any fees or allow any reimbursement. However, it is typically faster and more efficient to hire your own attorney and go through Superior Court than dealing with the DCSS.

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My CS case is currently under review with DCS. It has been 3 months. DCS said they have to serve Mom the modification

papers. Is there a way I speed this up? Can I do my own CS case? If so what is the difference between DCS and a judge CS calculation?

Regina Irene Edwards
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answered on Feb 6, 2023

You can hire a private attorney and you probably will get a result quicker. Both judges use the same rules. It's just usually quicker to go through superior court and a private attorney, but you will have to pay the attorneys fees. DCS is free.

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1 Answer | Asked in Civil Rights and Family Law for Georgia on
Q: Where can i find a free civil rights attorney

over child custody due to dfacs negligence and due process

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 5, 2023

I don't know any attorney who doesn't expect to be paid just like doctors, dentists, painters, landscapers, and everyone else who provides a service expects payment. Attorney's don't support their practices and pay their staff from doing free legal work.

1 Answer | Asked in Civil Litigation, Criminal Law and Family Law for Georgia on
Q: I was assaulted by my ex’s daughter I pushed her off me and left. I was arrested 4 days later and charged with family vi

I have texts from ex stating her daughter did it because I was going to padlock the doors so she could not move in

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

Sadly these "late charges" are becoming more and more common. Its awful. You need to retain a local lawyer in West GA to assist you, as they will make the process MUCH easier as you do need to satisfy the warrant before it interrupts your life even more. They will help you with a quick... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How to contest Legitimation against my children's biological father?

My children's dad all of a sudden wants legal rights, my boys are 3 and 6. He has not been consistent with being there for them, making a bond or providing financially. It baffles me as to why he wants to proceed with this case other than to hurt us emotionally and mentally, and continue to be... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 2, 2023

Your kids are of such a young age that you may not be able to stop the court from allowing the father to legitimize. If he petitions the court for legitimation and asks for visitation, I would hire an attorney.

2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 1, 2023

The mother can continue to seek child support over and over until the child no longer qualifies for support, according to the law. Closing a child support case does not mean you cannot later open another case or file in superior court for child support. She never loses her right as the custodial... View More

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: my husband child support case close now reopened without his knowledge now he is penalized

the case was supposed to be closed because the order states but the mother went back and had it reopend because the kids are in their last year of school the children are both 18 he was not notified and his employer was not informed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

Simply because a case is closed does not mean it cannot be reopened. In the state of GA child support should be paid until the children turn 18 and have graduated from high school, that is, if it is a GA child support order. If the order was signed in another state, then the non-custodial parent... View More

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