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Georgia Family Law Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: What do I need to do to make my son who is now 15 living with me legal?

I don't want to pay child support if he's living with me she won't agree to that

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 8, 2024

If you have a child support order in your name and the child now lives with you, I would hire an attorney to file for a modification of custody, and ask for a temporary hearing, for the court to award you temporary physical custody. The mother may come and get the child back once she is served.... View More

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1 Answer | Asked in Divorce, Family Law and Gov & Administrative Law for Georgia on
Q: The title for my motorcycle is in my ex's name, divorce is not finalized, but she's canceled the registration. Options?!

I am currently separated from my spouse and we are un the middle of a divorce that doesn't look to end soon. During our we traded in my motorcycle for a newer one, and titled it in her name. This is my only means of transportation. She doesn't even have a motorcycle license. The bike is... View More

T. Augustus Claus
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answered on Jan 4, 2024

If the divorce is not yet finalized, you can address this issue during the divorce proceedings. You may want to consult with your divorce attorney to discuss the matter and potentially request the court to address the division of assets, including the motorcycle. The court can issue orders to... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I’m looking for the best strategy to get my children back from the other parent who has refused to communicate.

The other parent has temporary custody and refuses my court ordered parenting time and cut off all communication. I was thinking about a petition for writ of habeas corpus and emergency return of child especially since he only has temporary physical custody as I am primary custodian by divorce... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

It is unclear why he would only have temporary physical custody if your divorce is final and you have a divorce decree, as you put it. Therefore, my best advice is to speak to an attorney. Because a petition for write of habeas corpus is not what I would advise. And again, if your divorce is... View More

1 Answer | Asked in Family Law for Georgia on
Q: Do I need to have proof my child’s father is the dad before filing a child abandonment warrant?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

It is very likely that the Court is going to want paternity established before they can determine the defendant is guilty of child abandonment. Please speak directly to an attorney. Because what is your goal with child abandonment? If you put the father in jail then he's not working, and he... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: My child’s father has stopped communicating with me and denied visitation but is taking me to court to get visitation.

Does this make it bad for him if he stopped communicating with me and denies visitation until we get a court date?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If the father refused to communicate with you and there is a court order allowing you to communicate the children and/or an order stating that he has to communicate you regarding decisions, then he is likely in contempt for his failure to allow you to speak to the children and his failure to speak... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My husband did not have all of my children present during my visitation time Is there anything I can do about this?

I do not have legal representation at this time

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If he is your husband, are you all going through a divorce, where you have court ordered visitation? Because if there is an order from the court giving you visitation, and he is violating any part of that order, then he is in contempt. If there is no order and this visitation is something you... View More

1 Answer | Asked in Family Law for Georgia on
Q: In answering a petition of contempt, what is the best way to go about it? Child's Father coming after me with no pretext

Childs father has been absent for two years and is now trying to hold me in contempt of court for not allowing him to see his child, but I have proof of when he stopped coming to the court ordered visitations and proof that he wasn't paying child support but is now doing so to build a case... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

The court will not modify the current order regarding custody or visitation unless you file an action asking them to do so. As far as how to address the contempt petition, you should file an Answer within 30 days of the date you were served with the documents. That Answer should respond to each... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Hello, I am the grandmother of 1 said fifteen year old girl.She is my sons daughter, he was not married to her mother

My question is ,How do I go about getting grandparents rights,so I can C & spend time with my grandaughter.?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If the father will not legitimize and obtain visitation where you can visit the child during his parenting time, you should speak with an attorney and see if you meet the guidelines under GA law, to petition the court for grandparent visitation. Because there are guidelines under the law, where a... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Ive lived in GA for 4 years with my son(7) dad in NJ do I file in GA for sole custody, Dad has nvr met child but pays CS

Child born in NJ when we resided there moved when child was 2. Dad has never met or tried to meet child pays child support occasionally. Now in GA but never transferred CS order but would like to apply for sole custody as child has special needs and I want to get a trust set up.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If you're the mother and the father has never legitimized, you already have sole physical and legal custody under GA law. Therefore, you wouldn't file for something you already have. If the father now wants to file for sole custody, he should file in the county where the mother lives... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: can you file a contempt for child support and child abandonment warrant together?

can you ask the judge to order the maximum sentence of 12 months in jail? how do you request anger management and family counseling for the noncustodial parent during the hearing process?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

If you have a court order for someone to pay child support, and it is not being paid in accordance with the order, then you can file a contempt action. If you don't have a court order and the other parent is not spending time with the child or providing any financial assistance, you can file... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I live in GA. I want to give my husband full custody of our son. What does this entail?

I have a 5 month old little boy and my husband and I want a divorce. I work very long hours and I am mentally drained all the time and am dealing with some mental health issues which I feel need to be handled. My husband wants to fight me to the ends of the Earth for our son. I am willing to give... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

You can file for divorce. And in that divorce you can fill out a parenting plan with the custody & visitation you would like the court to award the parties in said action. Or you can sit down with your spouse prior to filing, and see if you both can come up with a parenting plan you both... View More

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Are child abandonment warrants only for fathers on child support?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

The father does not have to have an order to pay support to file for child abandonment. Prior to having a court order, there is still a duty to pay support. And no, child abandonment actions can be for either parent. If the father has the child and the mother is not spending time with the child... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

It's not up to a defendant to make it easy for the plaintiff to serve them. If they won't provide a home address then you may have to use other resources to locate that address such as a background check, private investigator, skip trace, etc. You could also try and determine their... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
James L. Arrasmith
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answered on Jan 1, 2024

If you're trying to serve a defendant who refuses to provide their address, you may need to employ alternative methods of service as allowed by Georgia law. First, consider hiring a professional process server, as they have experience and resources to locate individuals for service of legal... View More

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2 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Q: If someone takes a child under 14 out of state mom who has no court ordered custody whats the penelty

Non family member and the older brother took the kids meet the father and then father drove them back across state lines

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

The facts you have stated are confusing as the mother always has sole legal and physical custody of a child until the father legitimizes, if the parties were not married when the child was born. Yet, if the mother lost custody, your facts don't state who has custody for there to be any issue... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: Why wasn’t I allowed to prove my innocence in child support court ?
T. Augustus Claus
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answered on Dec 21, 2023

If you were not allowed to prove your innocence in child support court in Georgia, it is crucial to review any court orders or notices you received and consult with a family law attorney. Assess the specifics of your case, and guide you on potential legal actions. If you believe there was a... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: i want to move my divorce from gwinnett to walton county ga
Regina Irene Edwards
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answered on Dec 15, 2023

The divorce can only be moved from county to county if the case was filed in the wrong county. If the marital home was in Gwinnett or the respondent lived in Gwinnett at the time of filing, venue is probably correct in Gwinnett.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My child’s father wants visitation rights but when he’s invited to visit he cancels what should I do?

He wants to legitimize her but refuses to come visit until we go to court.

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

If he filed for legitimation you should hire an attorney. But he can file the action and ask for some form of custody and/or visitation. You can bring up his unwillingness to exercise visitation in the past before the court. But there’s nothing you can do about his refusing visitation right... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: My wife has a child support agreement with her ex. What would happen if she becomes a stay at home?

I want to make my wife stay at home but she is afraid because of the child support agreement. She is afraid that she will lose custody.

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

If she becomes voluntarily unemployed there is no way to say how that will impact her custody or the fathers visitation. Her loss of income could cause the other party to take her back to court and ask for a change of custody. No longer having the financial capability to support the child could... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If a father is not legitimized is it legal or illegal for the mother to up and move and take the child and deny the Fath

Mother took the child and is denying the father access to the child

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

If you were not married when the child was born and have not legitimized, then the father has no rights. The mother can take the child anywhere she wants and the father cannot stop her. Only when the father files to legitimize and has the mother served, will that prevent the mother from taking... View More

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