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Georgia Family Law Questions & Answers
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

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: The mother is keeping my child from me and threatening to take custody what step should I take
Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 9, 2023

If you are married you should file for divorce if you want some form of custody and/or visitation. If you’re not married you will need to legitimize. But it’s unclear how she can threaten to take custody unless you are the parent who has custody right now. And if that’s the case, then... View More

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: What should I do with the mother of my child is showing her narcissistic tendencies
T. Augustus Claus
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answered on Dec 8, 2023

Dealing with a narcissistic co-parent can be difficult, but prioritizing your child's well-being is crucial. Keep detailed records of interactions, set and enforce clear boundaries, and communicate in writing to avoid direct conflict. Seek support from a therapist specializing in narcissistic... View More

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: The mother has left with the child and refuses to let me see him and she is living with a coworker. What should I do
Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 8, 2023

That depends. If there is a custody order, you would need to file a contempt action. If there is no order of custody, you would need to petition the court to establish one. That can be done through a legitimation action if you and the mother are not married or a divorce if you are.

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can I make my daughter guardianship over my child without her dad
Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 4, 2023

If the father has never legitimized the minor child, you can voluntarily sign guardianship papers. Then you will need to follow the process to make the paperwork legal. It's best that you and the guardian speak with an attorney and have them draft the paperwork for you. They can also file... View More

1 Answer | Asked in Family Law for Georgia on
Q: What steps do grandparents take for permanent guardianship of grandchildren?

My husband and I brought our grandson home from the hospital to prevent him from going into state custody. My stepdaughter has an open CPS case with another child as she has been deemed unfit to care for her children. The case worker allowed us to submit a statement which was signed by a notary to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 4, 2023

I would advise you to hire an attorney to represent you in this situation. Because an attorney can draft the proper documents and file them with the court. An attorney can also speak to the Department of Family & Children's Services on your behalf, which will make the process go much... View More

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: If the other party & opposing counsel was ordered to pay my attorney fees, how can I pressure them to pay if they delay?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 4, 2023

If they were ordered to pay your attorneys fees then that means you have an attorney. Speak with your attorney about sending them a letter if the deadline has passed. Your attorney can then take the necessary steps if they don't respond with collecting. But your attorney is still on this... View More

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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Georgia on
Q: I'm in a custody battle and the opposite party is trying to change the sexual identity of my 6 year old born female

Is this illegal what can I do to stop it my daughter even kissed another girl at school she's showing her videos of this girl who's pretending to be a boy on a show called Micky and JJ my daughter acts strangely around them my lawyer won't let me call CPS what do I do

James L. Arrasmith
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answered on Nov 28, 2023

In a custody battle, the primary concern is always the best interest of the child. If you believe that the actions of the other party are not in your daughter's best interest, it's important to address this through legal channels. Discuss your concerns with your attorney, emphasizing the... View More

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2 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for Georgia on
Q: Live in Ga, wife is divorcing after emotional cheating with coworker. Post discovery continued relationship, but said

She ended it. Discovery in feb and admission in Sep. has blam me for it, convinced mutual friends that I am not mentally stable resulting in isolation, misled couples therapist etc. I have offered options to reconcile even after the admission of lying about ending relationship. Instead she is... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

You can obviously make any allegations you want, the same as she. Whether the court will consider those allegations cruel treatment is up to the judge. At this point since you have completed some form of discovery, I would focus on preparing for trial. And if you can't hire an attorney, the... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.

He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay.

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 22, 2023

You may qualify for a divorce by publication if his location is truly unknown. However, with a divorce by publication the court is limited on the issues they can decide and often will be prohibited from making determinations on issues such as child support and equitable division if there is no... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.

He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

If you know that he's in MN and you have been in any contact with him, you can arrange a meeting and then have him served by private process server. If you are unable to arrange a meeting or obtain a location for service, you can attempt service by publication. There are steps you have to... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

Once you fall three months behind on your mortgage payments, your lender will likely start foreclosure proceedings. A chapter 7 would delay but not prevent foreclosure (unless you have a lot of equity). A chapter 13 would allow you to bring the payments current over the course of a chapter 13 plan... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

James L. Arrasmith
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answered on Nov 19, 2023

Considering your situation, it's important to approach this with a clear understanding of your options. Filing for bankruptcy might be a viable solution to manage your debt, but it's crucial to understand the implications, especially regarding your assets like your house and car.... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

In a divorce the court can determine on a temporary basis which party is responsible for what expenses until they can make a final determination. You would have to file for divorce, file a motion for temporary relief, and have a hearing. Then you can let the court know what household expenses... View More

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1 Answer | Asked in Civil Litigation, Family Law and Social Security for Georgia on
Q: I was common law married in ga 19 years when ga recognized it we never divorced but I legally married and divorced

Another man I want my common law husband's survivors benefits social sec says no because we never divorced we had a child so am I eligible or am I a bigamist

James L. Arrasmith
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answered on Nov 17, 2023

In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I file for an uncontested divorce in Screven county georgia?

We are both seniors, there are no children and there are no assets, we just want a none contested straight divorce. Where do I file, Screven county probate?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 16, 2023

To file an uncontested divorce you will need to file a summons, petition for divorce, acknowledgment of service, consent to trial in 31 days and a marital settlement agreement. If there are children involved, you will also need to file a parenting plan, child support worksheet and child support... View More

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I file for an uncontested divorce in Screven county georgia?

We are both seniors, there are no children and there are no assets, we just want a none contested straight divorce. Where do I file, Screven county probate?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

Understanding that you have no minor children, you will not need a parenting plan, child support worksheet, or child support addendum. If your county does not have forms online for an uncontested divorce, you can either go to the superior court in your county (because you file in superior court,... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Georgia on
Q: How to get kids from CPS when you have had no allegations against you.

I was arrested for a traffic ticket and my kids were with me. My mother wouldn't get them and the lady wouldn't let my friend get em. My stepdaughter and their aunt tried. CPS lady said they had a hearing and daughter and aunt went to the court house and was told there was no hearing. At... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

You said that the children were left with you, but it is unclear whether there was an order awarding you custody or guardianship. I think you should speak directly with an attorney so you can provide more details about what rights you have to the minor children, then that attorney can determine... View More

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