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Georgia Juvenile Law Questions & Answers
1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Georgia on
Q: I am 16 in two months. Will I have to wait until 16 to file for emancipation, or can I file now and be approved later?

From everything I researched the process can take 4-6 months, and I need to be out of their guardianship asap. I haven't been staying with them for the past 2 weeks, and I've been kicked out twice. I have lots of witnesses of physical abuse, and I can prove I'm mentally, financially,... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Sep 4, 2020

You do not have to wait to file the Petition for Emancipation. It may be best to contact an attorney who can assist you with the specifics of your case.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: If I am 17 years old and I have graduated High School, do need parental permission to get a job?

My birthday is 11/30/2002 and I am wanting to move out right at 18.

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 31, 2020

Yes, you need parental consent until you reach the age of 18.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Criminal Law, Domestic Violence, Juvenile Law and Sexual Harassment for Georgia on
Q: A 37 year old is sending one of my 16 year old children lewd letters and calling them from jail.

I would like for this predator to stop talking to my child. What can I do?

Joshua Schiffer
Joshua Schiffer
answered on Aug 28, 2020

Call The Warden at the jail and file a complaint. That should make quick work of it. They may also be able to charge them with a policy violation or even new charges, depending on the dynamic. Thank you for protecting your child.

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: What can parents of an incorrigible child do? Child is own probabtion is destroying property at home; terrorizing home.

This 13-year old does not obey parents, threatens them and dog with knife, steals. Has already been to juvenile facility for breaking mother's nose. Is currently hospitalized but being released to mother today. Mother does not want to accept child but fear abandonment charge. Other... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 24, 2020

It is best to contact the police, child’s probation officer and/or the juvenile court where the child’s cases have been handled. Generally, there are conditions of probation and from the sound of things, the child has committed additional offenses that would normally be considered violations.... View More

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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What can I do for a teen who wants to run away because they don't live in a safe home. Courts and cops don't care.

I am family to the child who wants to run away.

The courts and cops seam to not do there job on keeping kids safe now adays, what I am to do. She is 16 years old and very responsible. She can't stay in that home.! She wants to be with me but the courts don't like me.

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 24, 2020

If you believe the child is in danger, you may contact Child Protective Services. Without legal intervention, you have no legal right to determine where the child lives; the child’s parent and/or legal guardian must consent.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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1 Answer | Asked in Health Care Law and Juvenile Law for Georgia on
Q: Can a minor child seek medical attention from a physician for sexually transmitted disease without parental consent
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 18, 2020

The answer is yes. However, the doctor may still contact the parent/legal guardian about the care or treatment the minor received.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Juvenile Law for Georgia on
Q: I have a case in juvenile court where my uncle was the juvenile judge for 20 years is this a conflict of interest
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 17, 2020

Presumably there would be a conflict of interest if your uncle is the judge presiding over your present case. However, more information is needed before a determination can be made about him or any of the other judges. It is always best to consult with an attorney who can assess the specifics of... View More

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Can you be arrested for leaving home to move with a friend at 17 without your parents permission??

I turn 18 February of 2021 and I have family issues and I wanted to move with my fathers God Daughter in Atlanta my mom didnt have a problem at first until I bring it up again than she said she would call the police on me if I was to leave

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 15, 2020

Yes, you can be charged as a runaway or ungovernable because you are under the age of 18. You need your parent’s permission.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: My 10 month old in foster care in ohio My neice has only seen her 1 time for 2 hours she can take her cross stateline?

Under kinship law she can take her overnite?

Homer P Jordan IV
Homer P Jordan IV
answered on Aug 13, 2020

We would need to know more about this case to provide you with information. Considering she is in foster care, is your niece legally allowed to take her anywhere, not just out of state? You should check with the foster care social worker on the logistics of this. -Homer P. Jordan IV, Esq.... View More

1 Answer | Asked in Juvenile Law for Georgia on
Q: How do i get information on my juvenile record that was sealed?

I was 14 when I got arrested. I'm not sure if I was a first offender or not. I can't remember what all the charges were on my record.

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 12, 2020

You should contact the juvenile court where your case was handled. They will be the best source for the information you seek.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Juvenile Law for Georgia on
Q: How could i keep my mother from filing a restraining order against my boyfriend on my behalf?

My boyfriend is 19, and is out of jail on bond at this time. My mom hasn't liked my boyfriend for a while now, and about a month ago i tried to overdose and that didn't help the case because she blames him for it. After this incident she told him to stay away from me, but i refuse to stop... View More

Regina Irene Edwards
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answered on Aug 10, 2020

You can't stop her. You are a minor and your boyfriend is committing a crime by dating you. You should remain in your home and listen to her advice. Talk to a counselor about your issues, but dating a 19 year old who has been to jail and is willing to date a child is not the best route for you.

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1 Answer | Asked in Domestic Violence and Juvenile Law for Georgia on
Q: What to do if you are in an abusive home, but only have pictures of the aftermath?

I live in an abusive home. My guardian physically abuses my little brother, and mentally/emotionally abuses me. I only have pictures of what shes done to my little brother, who has ODD and autism. I have witnesses of what shes done to me, but that's it. I'm seventeen, my little brother is... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 8, 2020

Your circumstances are unfortunate. Child abuse is a serious and emergency situation. The best and most immediate response is to contact local authorities/police or contact Child Protective Services (CPS). I understand your empathy towards your guardian, however intervention is needed before this... View More

3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: If I’m 15 and I live with my dad and want to live with my mom. And my mom is doing everything she can but I need to be

Gone ASAP!

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 5, 2020

Since you are 15 years old, it is important to know that in Georgia a child age 14 or older has the ability to request a change of custodial parent, and when the request is made, a custody re-evaluation typically happens. The judge will seriously consider your request, but will evaluate whether the... View More

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Can a 16 year old date a 19 year old in ga
Regina Irene Edwards
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answered on Aug 3, 2020

No.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Can a 15 year old leave her house to live with her grandma
Regina Irene Edwards
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answered on Aug 3, 2020

A 15 year old is a minor and needs the parents' permission to live elsewhere.

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1 Answer | Asked in Juvenile Law for Georgia on
Q: If a 17 year old gets kicked out can they get emancipated?
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 3, 2020

It is possible under certain circumstances for a 17 year old to obtain emancipation. It is best to contact and consult with an attorney about the specifics of the circumstances.

We are glad to assist you. Contact us whenever you are ready.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Juvenile Law for Georgia on
Q: Can my brother leave at 18 if he is on juvenile probation?

Me and my husband took my 17 yr old brother in when his dad kicked him out. Since we have had him he is continually disrespectful to both of us and my pets, we have called the cops on him twice for putting hands on me, but never pressed charges. We were hoping for a scared straight kinda thing, and... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jul 24, 2020

It is best to contact an attorney who can assess the specifics of your circumstances and provide you with a tailored response.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can my rights be terminated if I have completed my case plan. I am the child's mother
Regina Irene Edwards
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answered on Jul 15, 2020

Your case has an entire history that led to DFCS involvement and a safety plan. You need to speak to an attorney that can review all of the documents, evidence and hear your story before giving advice about a case in progress.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777...
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1 Answer | Asked in Juvenile Law for Georgia on
Q: Can parents of a 21-22 year old male stop them from moving in with the parent of their 17 year old girlfriend?

I'm wanting to move in with my girlfriend's (who is 17 turning 18 in five months) mother, but my parents are saying that I have to have my parents permission to move out. I'm 21, will be 22 in a few weeks, and I don't have any mental, physical, or health disabilities. Me and my... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jul 13, 2020

You are an adult at 18 years old and do not need consent/permission beyond that.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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