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Georgia Juvenile Law Questions & Answers
3 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Georgia on
Q: 2 Fridays ago, my daughters half brother asked if he could spend the night. We picked him up not knowing he snuck out.

His mom applied for a warrant and now there's a pre warrant hearing. I honestly didn't know. Do I need an attorney?

Regina Irene Edwards
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answered on May 15, 2023

Yes, you need an attorney.

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1 Answer | Asked in Child Custody, Juvenile Law and Family Law for Georgia on
Q: Can a 17 year old up and live with Dad? (In Georgia)

I’m a 17 year old who is not happy being with my mom, For months i am mentally not happy. I just want to stay with my dad after i get out of school for the summer May 24th 2023. Many arguments, i was starting to do poorly in school here at my moms when i used to be a student that would excel. I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 20, 2023

If you leave your mother to go and live with your father without a court order, your father would technically be kidnapping if he refused to produce you back to your mother. If you want to live with your father the proper way to go about that is for your father to either file to modify an existing... View More

1 Answer | Asked in Juvenile Law for Georgia on
Q: What is the law for a no contact order with a juvenile?

Dad put a no contact order on mom meaning no contact should be made between mom and child. Meaning mom can’t pick up at school child right?

Glenn T. Stern
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answered on Mar 6, 2023

Correct. "No contact" means just that. It generally also means no communication by phone, internet, text message, etc. and judges and the law take violations of such orders very seriously--meaning the mom should too.

Good luck!

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can they terminate my rights to my children if the father has chosen to do drugs?

They have been in foster care for 18 months and talking about termination because their father is on drugs. But I have everything that was required in order for my kids to come home.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you are still living with the father after 18 months of your children being in foster care, the Court has likely determined that the children can't be released back into your home, if the father is not sober. There appear to be some details that have been left out if the Court is... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What can I do if a non-relative is keeping my child from coming home and I have full custody?

I have custody and there is no paperwork stating I dont.

Joseph E. Cheeley, III
Joseph E. Cheeley, III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2022

You can ask a Sheriff to go with you to where the child is located, after showing your order establishing your legal custody rights. If the Sheriff won't comply, you can swear out a warrant with a Magistrate or police for interference with custody.

If the child refuses to go with you,...
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1 Answer | Asked in Divorce, Child Custody, Communications Law and Juvenile Law for Georgia on
Q: am i allowed to record my facetime conversations with my daughter? Mother is an attorney & doesnt consent

Im recording bc mother has accused me of being drunk and slurring words .. so i bought a breathalyzer .. record blowing bf and after i facetime with my daughter .... i have been recording our facetimes bc of accusations ... mother emailed me said she doesnt consent to the recordings citing private... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 31, 2022

No. See O.C.G.A. section 16-11-62. While Georgia is a one-party state, requiring the consent of only one party to a telephone conversation to record that conversation, Georgia requires the consent of all parties to record a video chat (i.e. FaceTime) in a "private place and out of public... View More

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Georgia on
Q: Notice to the clerk not in proper form heard based on assertion?
Michael D. Birchmore
Michael D. Birchmore
answered on Nov 11, 2021

We cannot do anything for you because your "question" makes no sense. Try again and ask a specific question in proper question format.

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2 Answers | Asked in Juvenile Law, Family Law, Adoption and Civil Litigation for Georgia on
Q: Our parental rights were terminated in Juvenile Dependency case. Can our children be adopted w/out our knowledge?

My hubby showed for the TPR hearing, I did Not. Apparently, our rights WERE terminated. He didn't sign any paperwork, and, as I stated, I did not even go. Can our babies be adopted out without even our Knowledge? Also, can we adopt our own kids?!

Regina Irene Edwards
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answered on Oct 28, 2021

If your rights were terminated, the children can be adopted with no notice to you.

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1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: 16 year old is being accused of being an accessory to armed robbery. Is there any way we can get her out of county?

She was accused to be with a boy that is 18 and committed armed robbery. She was taken to Fulton county juvenile detention center, they may try her as an adult and we are unsure of what to do.

Robbie Levin
Robbie Levin
answered on Sep 8, 2021

It may be possible to get her a bond. You need to hire an attorney ASAP.

For more information visit my website at www.LevinLawyerGa.com

-Law Office of Robbie M. Levin

Robbie@LevinLawyerGa.com

2 Answers | Asked in Family Law, Education Law, Health Care Law and Juvenile Law for Georgia on
Q: Divorced 2011 ex husband is primary care giver of our 17 daughter has a med conditions an he refuses to get her diagnose

He also let her quit school at 14 Ive been fightin this for 5 yrs PLEASE IM BEGGIN FOR HELP. my child cant walk and has a 6th grade edjucation. Every time i try to do something he has me locked up or restraining order taken out on me. Please help me

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 7, 2021

It would appear the only way you are going to move forward is with the assistance of legal counsel. Meet with an attorney as soon as you can to discuss your options.

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2 Answers | Asked in Family Law, Civil Rights and Juvenile Law for Georgia on
Q: Dfcs is petitioning to remove my daughter's rights due to her substance abuse problem. Is there anything we can do?
Michael D. Birchmore
Michael D. Birchmore
answered on Aug 20, 2021

Absolutely. Find and retain an attorney who is experienced in handling cases involving DFCS.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: If my son on probation for aggravated assault with knife and got a new aggressive assault case will he get out
Regina Irene Edwards
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answered on Aug 15, 2021

Not likely, but you may want to post in the criminal law section.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: I'm having to go to a preliminary protective hearing for my children what can I take with me to help me get mychildren
Homer P Jordan IV
Homer P Jordan IV
answered on Jul 20, 2021

We would need to know more about your case in order to provide you with guidance. You may want to consult with an attorney who can review the case in detail and present you with the right route to address this.

1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: Is there much that a policeman can do about this situation?

I’m 17. I’m two months away from being 18. I’m moving out and teaming with a trusted friend as a roommate and I’m going back to work and I have a small business as well. I just don’t want to be at home anymore. Is there not much a policeman can do since I’m so close to being 18? I... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 19, 2021

Forget emancipation. Not enough time to make that work. Until you are 18, your parents rule the roost. Should an adult help you move out before you are 18, that person could be charged with interference with custody. It's only 2 months. Focus on the positive things you should be doing... View More

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Need help with appeal process

Three years ago my daughter was in abusive relationship her bf wouldn't let me take the baby and my daughter would steal from Walmart to support her daughter cause the baby father was addicted to pills and would abusive to her. Well she got caught twice put on probation and went to jail for... View More

Kedra M. Gotel
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answered on Jul 7, 2021

Your daughter doesn't have an appeal appealable issue. She simply needs to revoke/terminate/end the guardianship in a signed writing. The Division of Family and Children Services did not initiate a petition of protection nor did they seek termination of your daughter's parental rights.... View More

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1 Answer | Asked in Juvenile Law for Georgia on
Q: Can u leave at 18 if ur parents mis treats me and neglect me in Alabama?
Michael D. Birchmore
Michael D. Birchmore
answered on Jun 23, 2021

You mis-posted your question as being one dealing with GA law. Still, your question is one that any attorney anywhere could answer. A person who has reached the age of 18 is NO longer a child. That person would be an ADULT. An adult can move, live, etc. wherever they choose to live. No... View More

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: My grandson 16 in November has been living in a terrible relationship with his mother. He wants a emancipation.

He ran away last year because his mother is on drugs. We went to Juvenile court and they made him go back home. They did require counseling But mother has refused and said she did not need it. This child has beg for help he is failing in school. I feel that he is a slave he is not allowed to even... View More

Gina Anne Smalley
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Gina Anne Smalley
answered on Jun 8, 2021

You and/or your grandson have options. Without more information, it is hard to answer whether or not he is entitled to emancipation. You may also have grandparent custodial rights. You should seek out a lawyer knowledgable in these areas.

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1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for Georgia on
Q: what motion do I file for mistrial in Jennelle court agast dfcs and they
Michael D. Birchmore
Michael D. Birchmore
answered on May 7, 2021

I'm sorry. Your question does not make sense. It is incomplete.

3 Answers | Asked in Child Custody and Juvenile Law for Georgia on
Q: What if a minor (16) runs to your home and is from an abusive home seeking safety?

Specifically, mental abuse. A lot of insults, and not allowing the child to have friends or a love life (child is 16). Punishments for unusual things like accidentally making a mess with food.

Regina Irene Edwards
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answered on May 3, 2021

You could expose yourself to being arrested for interference with custody if you take in a minor with permission of the parents. If the child needs help, you can contact authorities in your area who can investigate.

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1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: My cousin is 16 and is really mature and responsible for her age. She wants 2 b emancipated from her mom who is emotiona

How can she do it quickly

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 22, 2021

I'm sorry, but I do not hold out much hope that she will be successful. In 31 years of practice, I have personally known of only 2 emancipations being granted. She must be able to show that she has gainful employment and can pay for everything she needs, rent, car, insurance, food, medical,... View More

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