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Georgia Family Law Questions & Answers
2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I inherited a home and then got married. If I refinanced it in my is it considered marital property now?

The house is in mine and my dad's name and mine and my dad's name is on the refinance. Husband nowhere on it.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 16, 2024

If you ever get divorced, and your spouse asks for some equity out of the home, the Court will determine if he is owed anything and if so, what he is owed. And they may consider any money he has put into the home, any money he has paid on the home, whether joint funds contributed to the remodel or... View More

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My daughters mother is deploying and wants to leave her with her other child’s father
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 16, 2024

If you haven't established legally that you are the child's father, you will have to do so in order to obtain visitation, so the child can be left with you. If you have not established your rights, the mother can leave the child with whomever she chooses. Taking the mother to court is... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can I get custody of my nephew if im not blood related to him? Do I need to add my husband to the case since he is blood

We took care of my nephew for the last 2 and half years even though we were not his legal guardian while his legal guardian was homeless. She took him back because she got mad at me. Her household is violent and unstable and we want our nephew back.

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

The party who is blood related may have a better chance of obtaining custody. However, of course you can petition the court for custody yourself. You will have to prove being the child's guardian is what is in the child's best interests, and you may have some opposition from the current... View More

2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

James L. Arrasmith
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answered on Jan 8, 2024

Setting up a bank account for someone who has passed away, particularly when they were an undocumented immigrant, can be challenging. However, there are alternative solutions to consider.

Since you and your siblings are U.S. citizens, one approach could be to establish an estate or a trust...
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2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

Agnes Jury
Agnes Jury
answered on Jan 7, 2024

You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My wife won the lottery, has been seeing about her guy behind my back and is now taking kids out country what do I do ?

She kept the winning concealed from me and ran off with this guy she’s our me through hell the last several years causing me to lose everything and now has her friends gang stalking me on line

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

You can hire an attorney and file for divorce. In that petition you will tell the court what relief you are seeking with regard to custody, visitation, child support, and the distribution of assets and debts. In the case you can determine what is marital property and what is separate property, to... View More

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1 Answer | Asked in Family Law, Elder Law, Military Law and Social Security for Georgia on
Q: Contacted by estranged sister's (head injury/stroke) caregiver (deceased husband's cousin) to assume his POA. Must I?

Estranged (in TX since 1972) sister (DOB April 1954) falls in 2012due to Air Force knee injury (surgery & discharge 1974; also forced early retirement in 2011) & struck head, resulting in stroke hours later, which resulted in partial paralysis. Her husband cared for her until his death from... View More

James L. Arrasmith
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answered on Jan 5, 2024

You are not legally required to assume the power of attorney (POA) for your sister. Accepting the role of POA is a voluntary decision and carries significant responsibilities, particularly in managing her personal and financial affairs. Given your concerns about your ability to provide financial... View More

5 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 16, 2024

If there is a court order giving the mother primary physical custody and you paying child support, you should file for a modification. If you were never married and never legitimized, the only way to get a child support order dismissed is for you to file for legitimation, and ask the Court for... View More

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5 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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