If the owner will not give you access to the area then you will need a court order to obtain your belongings. Which means when you file for divorce, you address to either the court, or in your agreement, what things you have to obtain from any residence. And the court will determine a date and... View More

File for a modification of custody and the best advice I can give is to hire an attorney to assist you in this action. And if the father has primary physical custody you should file the action where the father lives, as he is the defendant.

You will have to file the proper action in court, have the mother served, and there is a process to have someone served who is incarcerated, and then the case will move forward. But you have to have a court order before the mother's family has to give the child to you. Because if you were... View More

You most likely cannot just sign papers and pay a fee. Only a judge can grant a divorce. If you do have an agreement with your spouse that resolves all issues, it may be possible to avoid a hearing. You should speak with a family law attorney before signing anything to be sure you and your child... View More

Even in an uncontested divorce you still may be required to appear in Court. Therefore, signing paperwork doesn't mean a judge won't require a final hearing before signing a final judgment. I would advise you to have an attorney review any documents your spouse asks you to sign.... View More

If he does not appear to exercise his visitation you cannot force him. Therefore, it is likely you will have to keep the child. I would review your court order. This forum is for questions regarding people who haven't been to court and don't know how to address an issue, not those who... View More

We cannot see the actual wording of your document so we cannot answer your questions about what it means. I would suggest consulting your previous attorney or if you represented yourself, a new attorney who can review the document and advise you properly.

Hire a lawyer. You may think the only major expense is daycare, but taking care of a child is a daily expense. And it sounds like you probably haven't legitimized so any visitation you have is being given to you by the mother. With their being no court order for your visitation, the court... View More

I'm sure a standing order went into effect when the case was filed that would prohibit you from moving the children out of the jurisdiction while the case is pending. You can move to FL but likely cannot take the children with you. Hire an attorney.

No, a document you sign, even in front of a notary, is not binding and is not the same as a court order. If one of you decides not to follow the document anymore its not enforceable and there's nothing the other person can do without going back to court.

It is highly unlikely the Court is now going to disregard the GAL, even though an agreement has been reached. The Court is likely going to consider the GAL's findings and recommendation as well as any agreement you all have now reached and determine what the final order is going to be. They... View More

You should take a look at the contract or agreement you signed with your attorney. Because we do not know if it was a flat rate you paid and if so, what was included in that flat rate. And if it was not a flat rate and you had a retainer fee, what the terms of that retainer fee were, for example,... View More

You must follow the court order until another order modifies it, regardless of your financial situation. If you can no longer afford what you have been ordered to pay, you should file for a modification. Now you can't pay what you don't have, but you could be found in contempt if you... View More

There's so much information missing from here that it's hard to provide advice. If there is an order granting the other parent custody, you don't simply file an election for change of custody. You have to file for a modification. Then you must have the custodial parent served.... View More

As an attorney, I have never received a response like that from the Court. Therefore, it is possible there was an error or error(s) with your motions. And since I have never received that response, and have not seen your paperwork, I can't tell you why your motions were denied, nor can... View More

If you called the police there is typically a police report, whether charges were pressed or not. If there is no report for some odd reason, unfortunately, you will not have any proof to submit in Court. I would urge you to hire an attorney to represent you in this divorce so they can gather the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues:

1. Age of majority: Since you're 18, you're legally an adult in Georgia. This means you have the right to own property and enter into contracts independently.... View More

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

You can terminate representation for any reason. It doesn't have to be fancy. You can just send an email saying "I no longer wish to work with you as my attorney. Please stop work on my case and I am hiring someone else. Thank you."

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

Changing your first, middle, and last names involves a few steps, but it's manageable with the right approach. Since you're changing your first and middle names due to gender identity, you'll need to file a name change petition with your local court. Each state has specific forms and... View More

A trial will not move forward until proof of service has been filed. If you don't have any kind of legal service on the defendant, you will not obtain a divorce. He has to be served and there are multiple ways to serve.