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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: If my grandmother has custody of me and my mom won't let me go back to her what should I do?

My grandmother got custody of me when I was 7 months and (I'm 16 now). I've lived with my mom for the past three years and she always tells me I'm not going anywhere and that I can't go back and live with my grandma. I don't like being with my mom. I always hide my feelings... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Nov 18, 2020

If your grandmother has full legal custody of you then she can take action to have you go live with her. Have her consult with an attorney or call the police.

2 Answers | Asked in Child Custody, Child Support and Juvenile Law for Georgia on
Q: Is there a law in Georgia that states a divorced parent can't move out of state?
Samantha A Holloway
Samantha A Holloway answered on Nov 8, 2020

I’m not aware of a law that prohibits a divorced parent to move out of state. However most parenting plans contain a provision that requires parents to notify each other in advance when they are moving.

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2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Military Law for Georgia on
Q: I am 17 years old enlisted into the active army and will graduate in dec 2020 can i leave my moms home?

My DFCS case has been closed after almost 2.5 years. I enlisted in the army July 9th 9 days after my 17th birthday June 30, i am trying to leave home right when i grader Dec 18th 2020 legally and without any consequences due to my army contract !!

Regina Irene Edwards
Regina Irene Edwards answered on Oct 23, 2020

You are are minor until age 18.

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3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: As a grandparent I have permanent guardianship over my 2 young grandchildren ages 6 and 8.

Can their father who has not legitimized either child take us back to court to modify the guardianship order because he misses his kids and demands we let him take them for overnight stays 4 hours away? Mind you he is a drug user and states he has been “sober” for 10 months of which we cannot... Read more »

V. Joy Edwards
V. Joy Edwards answered on Oct 18, 2020

You are within your rights to deny visitation that is not court ordered. He may take you back to court to try to get an order giving him visitation. I would advise that you contact us to schedule a consult so you can be prepared if this does happen.

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3 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Live in GA, son 15, smokes marijuana, defiant and wants to come and go as he please.

Can he be legally be put out and will the police come out him out?

Ellaretha Coleman
Ellaretha Coleman answered on Oct 2, 2020

Your 15 year old is your responsibility until he is an adult. You may want to explore options of having him declared delinquent through the juvenile court if you are unable to control him.

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1 Answer | Asked in Juvenile Law for Georgia on
Q: Any legal way to move out at 17 that isn’t emancipation? I’m in Georgia by the way.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 28, 2020

You would need the permission of your parent/legal guardian. Emancipation is accomplished by turning 18 years old, getting married or enlistment in the military full time.

We wish you well.

-The Upshaw Law Firm, LLC.

2 Answers | Asked in Child Custody, Civil Rights and Juvenile Law for Georgia on
Q: I am 13 and i dont want to live with my mother and her boyfriend

I want to live with my dad because my mom's boyfriend verbally abuses me and i have witnesses and he does it front of our home camera whatv happens if i run away to my dad's house.He also brags about beating me to his friends on the game and calls me dumb a** ,stupid and sometimes retarded

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

Your circumstances are unfortunate. Your father should file for modification in child custody. It is best that he contacts an attorney who can assist him with the case.

We wish you well.

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

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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,... Read 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... Read 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.... Read 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... Read 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.... Read 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... Read more »

Regina Irene Edwards
Regina Irene Edwards 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... Read 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... Read more »

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