Get free answers to your Family Law legal questions from lawyers in your area.
answered on Feb 19, 2024
If I understand your question correctly, a grandparent can file in court to assert their rights and ask for custody. If they are the guardian and they have had the child or children for a period of time, the Court could take awarding them permanent custody seriously. But you will have your chance... View More 
answered on Feb 19, 2024
You should speak to an attorney regarding assets that are considered marital or separate property. A spouse starting a business during a marriage doesn't automatically entitle the other spouse to half ownership of the business. Income earned by both spouses is considered marital property.... View More
We live in separate counties. I asked the Superior Clerk about filing fees and he inquired about the counties we live in. When I told him my husband was in another county, I was informed he'd have to be the one to file as the Plaintiff. This does not matter to us who is listed as who. We just... View More
answered on Feb 19, 2024
It would probably be helpful if you hired an attorney, because the employees at the clerk's office are not suppose to give you legal advice. If it is a truly uncontested divorce where both spouses are going to sign the papers, you can file in your county. That is because your spouse is not... View More
We live in separate counties. I asked the Superior Clerk about filing fees and he inquired about the counties we live in. When I told him my husband was in another county, I was informed he'd have to be the one to file as the Plaintiff. This does not matter to us who is listed as who. We just... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024
File in the county where you both lived together if one of you still lives in that county. If not, file in either county where you now live. Where you were married is not relevant. What's most important is that you have been residents of Georgia for at least six months before filing for divorce.
answered on Feb 15, 2024
The Public Defender will get involved if there is a criminal issue, and if DFCS is involved you need representation ASAP.
There are several churches and charities that offer some financial assistance and referrals, especially if there has been abuse involved.
Do not wait to get... View More
i was incarcerated in another county when my court date came up for determining the amount i would pay but none came and took me to court and they just put some number down that was incredibly higher than made or ever made and then wouldn't even look at it for another almost 3 yrs ...
answered on Feb 6, 2024
For the last 3 years the court expected you to pay the child support ordered. Two years after the order you could have filed for a modification. But a court is likely going to enforce the arrears balance for support that has accrued and not been paid. You can hire an attorney to try and... View More
I received a notification that the Georgia Department of Human Services notified my employer to begin enforcing an Income Withholding Order. Our court order states “both parties agree an IWO isn’t necessary at this time”… is this legal to enforce? I’m not late and pay each month on time.... View More
answered on Feb 19, 2024
"At this time" means at the time your child support addendum was drafted. It doesn't mean that at a later date an Income Deduction Order cannot be established. So yes, they can establish one now, and your employer will enforce if when it's sent to them.
I received a notification that the Georgia Department of Human Services notified my employer to begin enforcing an Income Withholding Order. Our court order states “both parties agree an IWO isn’t necessary at this time”… is this legal to enforce? I’m not late and pay each month on time.... View More
answered on Feb 6, 2024
Child support enforcement is now involved in collecting your child support for whatever reason. You can contact the Division of Child Support Services and inquire as to why an Income Deduction Order was signed. But if a judge signed the Order, your employer is likely to enforce it and begin the... View More
He wants to come live with me
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024
In Georgia, to obtain custody of your 14-year-old son without an existing custody agreement, especially considering you were never married to the other parent, you would need to file a petition for custody in the appropriate family court. Georgia law recognizes the importance of the child's... View More
He wants to come live with me
answered on Feb 6, 2024
You would need to file an action to legitimize. In that action you would asking the court to award you primary physical custody and you may consider joint legal custody with the mother. An election can be filed showing the court where the child is asking to live as well. I would speak directly... View More
So today my boyfriend and I were arguing about our 4 month old baby. He had her since Thursday and was supposed to have her until Tuesday. We were supposed to go to lunch earlier but we had got into a little petty disagreement and decided against going so I went to run errands instead and he kept... View More
answered on Jan 29, 2024
I take it someone was arrested?
Often times when a 3rd party calls the authorities the investigators are unwilling to slow down and actually investigate what happened, as it is faster and easier to just start arresting folks.
IF you or your BF were arrested, BE CAREFUL and get an... View More
Attorneys' May you help me/ FAMILY LAW MATTER! Case Law in State of Georgia that will help me in court & No Show Of the Defendant/mother Dec 21st 2023 the Defendant/mother was a no show so I ask the judge to grant me full primary custody of my then 5yo daughter ( Her Birthday Jan. 29th,... View More
answered on Jan 26, 2024
First, if the Defendant was not properly served according to GA law, they did not have proper notice & opportunity to be heard. Therefore, the Court would not consider the Defendant to have failed to appear if they were not properly served. Statutory Electronic Service is only proper service... View More
answered on Jan 26, 2024
You can keep your current name or have your maiden name restored. You will need to inform the Court which option you are choosing and I would advise you to hire an attorney to represent you in this divorce. If you want a name other than your maiden name, the Court is not going to change your name... View More
I speculated my grandmas original will was swapped for a forged one reflecting my mom as the sole beneficiary and there’s nothing that I could do unless I had the original will, which I did not…
So my mom never informed the brokerage companies of my grandma death nor put it in probate.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
I'm sorry for your difficult situation. There are a few options to determine if you are still a designated beneficiary on any of your deceased grandmother's investment accounts:
1) Contact each investment firm directly (e.g. bank, brokerage, etc) providing copies of the death... View More
The GAL, was appointed at a contempt hearing. The contempt was not charged, an agreement was made with both parties. Two weeks later the child came forward with allegations of being molested by her father, therefore the mother stopped abiding the new agreement. After 2 months or more with the fact... View More
answered on Jan 26, 2024
The parties are allowed to cross examine the GAL and ask any questions they think are relevant to said testimony or the case. If you felt like steps were not taken that the GAL should have taken, that was your opportunity to ask those questions and have the Court hear those answers. But yes, the... View More
Hx of killing, stealing, play victim social psycho criminal narc. Locked me up as escapgoat, to throw sherriff off them I witness to much. My now ex boyfriend threatened to kill me and his son. I was told my ex boyfriend is reason; his son in prison and my (ex boyfr) threatening to kill his son... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
I understand that you're in a difficult and potentially dangerous situation involving organized crime and threats. If you have credible information about criminal activities, your safety and the safety of others are of utmost importance.
In cases where someone in prison faces threats,... View More
I have the court order that states my old and new name which states everything else, my original birth certificate with old name, ss card with new name, & out of state issued ID with new name. Is this enough?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
It seems like you have all the necessary documents to change your name back to your old name. The court order stating your old and new name, along with your original birth certificate showing your old name, are essential documents for this process. Additionally, having a social security card with... View More
I have not had visitation or contact with my child in 4 months. I’m a school teacher not a criminal. Lawyers keep putting the hearing off. The exparte is illegal and claims aren’t even based on a threat of danger and it’s all lies and manipulation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024
If you haven't had a hearing for an ex parte temporary custody order in Georgia in four months, and your lawyer is unresponsive, it's crucial to take several steps. Begin by attempting to communicate with your lawyer, seeking a detailed status update on your case, and expressing your... View More
Can I go back to Ohio or do I have to wait the six months and do it in Georgia?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
When faced with a divorce situation where you and your wife are in different states, the choice of where to file for divorce can depend on residency requirements. Ohio generally requires a residency of at least six months before filing for divorce. If you have not met this residency requirement in... View More
Can I go back to Ohio or do I have to wait the six months and do it in Georgia?
answered on Jan 23, 2024
Where you file will depend on where you are a resident and what type of divorce you are filing. Regardless of where you are a resident, if your divorce is contested, you should file where the defendant lives. If your divorce is uncontested, then you can file where you live and make sure... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
