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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
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.
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
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.
Ex wife filed contempt in the county I live in that doesn't hold the original order.
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.
What should I expect as far as the procedure? I thought case was closed
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
My mom has all timers & dose not remember anything. The house is still in her name.
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
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.
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
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
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
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.
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
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
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.
We already have a temporary ruling. The opposing party lives out of state.
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
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?
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
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
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
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
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... View More
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
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.
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?
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.
over child custody due to dfacs negligence and due process
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.
I have texts from ex stating her daughter did it because I was going to padlock the doors so she could not move in
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
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
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.
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
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
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
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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