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Georgia Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Georgia on
Q: If a 16 year old gets a 13 year old pregnant, what are the likely repercussions for the 16 year old?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

Without more information about your case, it is difficult to provide you with an accurate answer. Generally speaking, a person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no... Read more »

2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Georgia on
Q: Can a 14 in Georgia runaway and live with another if they parent could be charged with abuse and possibly neglect?

Im 14 and Im trying to get out of the home but because Im not 16 or older i cant do anything. My friend and I are working up a case against her for child abuse and possibly neglect. I haven't looked up the second one all to much, however for the abuse case we have pictures of bruises and my brother... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Nov 9, 2019

You need to speak with a counselor at your school about your situation. As a minor, you cannot just run away without parental permission.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can Ga DFCS take a child who resides in Florida, but spent 4 days at a family farm in Ga while awaiting home repairs?

We spent 4 days at my father in law’s farm, living from our suitcases, while awaiting a/c repairs to be done on our home in Florida. I met with CPS from Florida as well as Georgia at my son’s high school, in florida, from where he was placed into foster care by DFCS. Georgia DFCS is claiming... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

Without more information about your particular case, it is difficult to answer. Dependency cases depend greatly on specific facts. Generally speaking, Georgia DFCS may have the authority to take an allegedly deprived child into state custody, and afterwards, a child dependency action must take... Read more »

1 Answer | Asked in Juvenile Law for Georgia on
Q: Will the juvenile court check to see if the offenders parents have a warrant before release
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

To properly answer your question more details are required. The best interests of the juvenile are always paramount in juvenile court. It is best to contact an attorney who specializes in Juvenile Defense.

The Upshaw Law Firm (770) 240-0922.

2 Answers | Asked in Juvenile Law for Georgia on
Q: My son was placed in a RYDC in GA for 60 days but has not been given credit for the 7 days that he was detained

He was charged with four counts of vehicle theft, four counts of entering a vehicle, and a few more that I’d have to look at for the specifics. He was detained on 10/16 and disposition was on 10/24. His release date is 12/23 and we are being told that he will not receive credit for time served... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 6, 2019

In the state of Georgia, any child who is ordered to a secure residential facility and is detained after the adjudication hearing in a secure residential facility pending placement in another secure residential facility must be given credit for time served in the secure residential facility... Read more »

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2 Answers | Asked in Child Custody, Criminal Law, Family Law and Juvenile Law for Georgia on
Q: If a person under the age of 18 is arrested and put in custody does a legal guardian have to come and get them?

does a legal guardian have to come and get them out or can anyone over the age of 18 legally get them out of custody?

Joshua Schiffer
Joshua Schiffer answered on Nov 4, 2019

A little bit more info is needed, as it all depends on how and for what the minor was detained. The courts are also VERY wary of sharing any information about juvenile proceedings with the public (even relatives) so a lawyer is very useful in fast-tracking any potential release.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: In Ga, what’s the law regarding kids being questioned at school by police/DFACS? Right to be notified after?
Ellaretha Coleman
Ellaretha Coleman answered on Oct 3, 2019

In Georgia, a minor may be questioned by law enforcement or a representative of DFCS without prior notification to a parent.

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2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: How many days is a 15 year old reported runaway considered disappeared/missing???

My 15 year old cousins mom filed a runaway report on September 26. We the family yet have to believe she had to do something with his disappearance but police wont do anything because she filed the report as a runaway..

Ellaretha Coleman
Ellaretha Coleman answered on Oct 3, 2019

There is no set number of days. Whether law enforcement considers a person missing will depend on the specific facts of each case.

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1 Answer | Asked in Personal Injury, Civil Rights, Federal Crimes and Juvenile Law for Georgia on
Q: Can a highschool coach record a conversation of a 15 year old player w out their knowledge?

Exit interview for making the team or being cut, no parent was present, it was in a closed office in which he spoke harshly in an aggressive tone and made her cry. She wasn’t cut made the team but found out 4 months later he had recorded her... not sure if he recorded all players for their exit... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

OCGA § 16-11-62 (https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-3/part-1/16-11-62) provides:

It shall be unlawful for:

(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the...
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1 Answer | Asked in Family Law, Civil Rights, Employment Discrimination and Juvenile Law for Georgia on
Q: Can a child be taken off school grounds on a trip without parental consent?

Also a child thats in a special needs class cause he has autism

Homer P Jordan IV
Homer P Jordan IV answered on Sep 23, 2019

Schools typically send home a permission slip for field trips. Have you tried speaking with the school to get the details about this and find out why no notification was given or why they didn't seek permission? I would first reach out to the school to speak to them about it and ensure them that... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: What happens if a child lies to a officer in a statement about something that was recorded on camera

To The Child

Gary Kollin
Gary Kollin answered on Sep 14, 2019

To the child?

To the case?

2 Answers | Asked in Child Custody and Juvenile Law for Georgia on
Q: My sons father went and filed for petiton for legitimation and visitations/coustdy while i was in jail. Theres a court

Date set for next month but he took my son does he have the right to do that and not allow me to see him or can i take him back from him until the court date

Regina Irene Edwards
Regina Irene Edwards answered on Sep 7, 2019

You need to hire an attorney to discuss your specific case. If you were in jail, it probably was best that he took custody for your son while you were unavailable to care for him.

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1 Answer | Asked in Juvenile Law for Georgia on
Q: Will drug and alcohol classes test specifically for kratom?

I am a minor originally charged with posession of marijuana under a oz which is getting expunged through a informal agreement. Kratom helps me a lot and want to know if I can still use it. Its legal but can be specifically tested for in labs but will they do that?

William Jaksa
William Jaksa answered on Aug 15, 2019

Yes Kratom is legal in Georgia, but that doesn't mean its safe to use. There are several specific tests for Kratom that will confirm it has been used; however, it is not usually tested for on standard drug tests. There are specific drug screens to test for Kratom.

2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Georgia on
Q: Define is a 17 yr old a minor, or adult. In a custody dispute

At what age can a child not go by court rulings

Ellaretha Coleman
Ellaretha Coleman answered on Jul 14, 2019

A 17 year old is still a minor.

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3 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: How do i obtain a copy of termination of parental rights? The rights were taken away about 10yrs ago. I need a copy
Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Call the clerk of the court it was Ordered in and request a certified copy of the Order. They can mail or you can pick it up at the courthouse. There may be a small fee depending on the County. I pray this helps.

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1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: For a 13 year old being charged with a simple battery what can be my punishment?

There was an incident where myself and a teacher got into a altercation with the door, I (speaking as the child) was pushing the door as she was pushing the door onto me and she stepped out of the way of the door and i let it be and walked away.

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 17, 2019

Your question depends on how you were charged. Will you be in juvenile court or are they treating you as an adult? Additionally, you could face issues in both criminal court and civil issues with the school as well. The school may choose to expel you or they may give you in house suspension, out... Read more »

1 Answer | Asked in Juvenile Law, Family Law and Child Custody for Georgia on
Q: Is there a way to keep a case in superior court. Instead of transfering it back to juvenile court??

I filed moiton of contempt in custody case aa well as a moition to modify custody/ visitation. Juvenile court is the one that sent me to superior. I filed and today I get an order to transfer back to juvenile court.

The last thing i wanted. Please tell me there is a way to keep it in... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on May 28, 2019

We would need to review the order and obtain more information to determine if there is a way to keep the case in superior court. You should consult with an attorney to determine what your options are under the circumstances.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Georgia on
Q: Can I have a CPS case reopened?

My son was shaken in 2017 CPS took my kids and opened a case on me. It was found I didn’t have anything to do with it or know about it. It was found I was a work at the time. They charge me with failure to protect and Child in danger meant. After finding out I was innocent My case remained open.... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on May 20, 2019

What are you trying to do? Are you wanting the case reopened? If so, why? It sounds like the previous case was dismissed. If this case never reached court, it likely never made it past the investigation stage. If the investigation found you were not responsible, the case would be closed. If... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can I trust a court-appointed defender in Dekalb County, where DFACS has unlawfully taken my 22-month-old daughter?

I definitely have a case here, I simply cannot afford representation at this moment, at least not all at one time. I start a new job as soon as this case is resolved that will afford me to pay for a private attorney. I am 38 years old, and a victim of repeat abuse from my daughter's father, who was... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 10, 2019

You can trust the public defender. I will tell you that you aren't the first I've heard make those allegations against DeKalb DFCS. Right or wrong, you will have the opportunity to address these allegations in court. Take advantage of the ability to have a public defender. If you are unhappy... Read more »

1 Answer | Asked in Juvenile Law, Family Law and Civil Rights for Georgia on
Q: I’m legally disabled. Can DFCS or Juvenile court treat me differently?

Such as drug screens even though my Dr has provided a letter explaining the results of the drug screen and my medication. Shouldn’t the case be closed if that’s the only problem. And juvenile instantly turned on me once they learned I was disabled and wanted a drug screen bc my child missed so... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Apr 5, 2019

I'm sorry you are going through this, as it sounds like a difficult time. I'm not sure what you mean about them treating you differently. You could discuss this issue with them, or with an attorney who can review the facts in detail and present you with options. Your child missed school due to... Read more »

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