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Georgia Juvenile Law Questions & Answers
1 Answer | Asked in Civil Rights and Juvenile Law for Georgia on
Q: Can someone direct me to the right lawyer for my son he is 16 years of age?

I am reaching out to you with an urgent plea for assistance regarding my son, xx, who has been in a critical situation at the Metro Regional Youth Detention Center (Rydc). On January 3, 2024, Justin experienced a drug overdose and suffered multiple seizures while in the facility. Regrettably, his... View More

James L. Arrasmith
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answered on Jan 26, 2024

I'm very sorry to hear about the extremely troubling situation your son Justin is facing. You are right to continue strongly advocating for his proper treatment and care - no child or family should have to endure such an ordeal. Here are some recommendations of legal resources that may be able... View More

1 Answer | Asked in Juvenile Law for Georgia on
Q: My juvenile son got in trouble last April. It went to court in late June/early July. The case was dismissed due to the

My juvenile son got in trouble last April. It went to court in late June/early July. The case was dismissed due to the DA not filing the paperwork timely. The lawyer and judge told us that it wouldn’t be brought back up and to live our lives and him not get into anymore trouble. He has done... View More

T. Augustus Claus
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answered on Jan 18, 2024

It's unusual for a case that has been dismissed, especially due to the DA's failure to file paperwork in a timely manner, to be brought back to court for the same charges. Typically, the principle of double jeopardy would prevent a person from being tried again for the same offense.... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What are my rights as far as what say I have in my child’s care after DCFS has removed her from failing a drug test ?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 20, 2023

Reunification (getting your child back) is going to be a process. Most parents find this process a lot less frustrating when they have an attorney representing them. Without an attorney you may find social workers and attorneys for the state who do not want to communicate with you, judges who you... View More

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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 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 and Juvenile Law for Georgia on
Q: dfcs dependency petition: can i file one motion with my gf or do we need to submit the same motion twice individually?

want to file a couple of motions, one being a motion to dismiss.

do we need to submit only one motion with one or both parties named?

in this instance does it really matter since if granted, the case would go away for both parties anyways?

or would it go away only for the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

Unfortunately this is not the best forum to get step by step instructions on how to handle your own legal representation. If you want to file a couple of motions I would google those motions and see if you can find assistance. And you file a motion on your own behalf for relief you personally are... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Georgia on
Q: child was adjudicated dependent with consent i didnt affirm. can i modify to contested, new hearing, vacate, reconsider?

we appeared via zoom to the adjudicatory hearing. prior to my testimony & didnt consent on the record, we lost connection to the hearing. upon reconnection, the hearing was over and didnt know the outcome. i contacted my attorney and the case worker numerous times requesting the court order and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

You have an attorney. You should be discussing any issues you have with any orders and the outcome of your case with your attorney. Another attorney can't even represent you while you have a current attorney on record. Sit down with your attorney and discuss what happened in your case.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Juvenile Law for Georgia on
Q: do you have to sign a dependency petition to consent/stipulate to the allegations? can consent be rescinded or vacated?

i was told by the court appointed attorney that all i would have to do is consent to a psychological and couples counseling, the court would oversee the progress, my daughter would remain with us, case closed with completion. fast forward to the hearing: girlfriend and myself appeared via zoom to... View More

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

You should get an attorney who represents parents in juvenile cases to represent you. I fear you're going to have a very hard time getting your child back representing yourself.

1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: How to esablish custody of my 14 year old son?

I need to establish custody of my 14 year old son from his mother. We were never married and my son is in a bad situation at home with his mother.

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 21, 2023

You need to file legitimation and custody at the same time.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Georgia on
Q: Can a temporary protection order be filed by individual with temporary custody of child involved in Georgia dfacs ?

Father issued tpo today, he has lived with ex girlfriend and her mother last 4 years. The mother had custody but got in trouble, arrested for meth and dfacs granted her mom temporary custody. His ex was injured 6 weeks ago and her mom has been out of town leaving my grandson with one her neighbors.... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

Unfortunately, without knowing more facts on the basis for the TPO, we can't advise on the strength of the TPO. Her only having temporary custody would not be a restriction to filing a TPO.

1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: How to return to juvenile court on reconsidering guardianship?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 19, 2023

I would advise you to seek a consultation with an attorney. Because no one can begin to give you advice based on the sentence you have posted on the board. Many more details are needed in order to provide an accurate response.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Georgia on
Q: My 16 year old got a speeding ticket in Canton GA going 91 in a 70. What should we expect to happen?
Maurice Mandel II
Maurice Mandel II
answered on May 27, 2023

Because the driver is under 18, he will probably need a parent to appear in Court with him. If found guilty of the offense, he may face a fine, and possible licenses suspension, possibly until he turns 18. You need to consult an attorney in your local area that practices this kind of law. Thank... View More

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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Regina Irene Edwards
answered on May 15, 2023

Yes, you need an attorney.

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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: 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
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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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Regina Irene Edwards
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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