COVID-19 Georgia Q&A by Practice Area

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COVID-19 Georgia Questions & Answers
2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Can I request a bank statement to show the judge how my ex-husband was able to pay his bills?

My ex-husband filed child support modification due to a job loss, after COVID his company closed, my ex has an engineering degree, 12 y exp, judge ordered him to look for a job we had a court in June before the final hearing. My ex still can't find a job, he’s been out of work for almost a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 30, 2021

It's possible to subpeona bank records so you can track spending and income. There isn't an easy way to explain the process. You have to issues the subpoenas, give notice to the other side and also know how to get them into evidence.

You should probably hire an attorney to assist you.

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2 Answers | Asked in Car Accidents, Consumer Law and Insurance Bad Faith for Georgia on
Q: I was in an accident, the police officer could not determine who was at fault (although it was evident).

I took this to small claims court to prove that I was not at fault and won my case. This accident happened in 2019 and I was diagnosed with cancer a month afterwards.

I had to request several contingencies due to radiation, chemotherapy, physical therapy and recovery time. During this time... Read more »

Titus Thomas Nichols
Titus Thomas Nichols answered on Aug 11, 2021

They're going to try and scare you into accepting a lower amount of money by threatening to appeal.

You need an Attorney who will represent you in the appeal. Otherwise they will appeal the case a demand a jury trial.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can the other parent restrict the other from visitation based on awaiting Covid results? Court appointed
Michael D. Birchmore
Michael D. Birchmore answered on Jul 30, 2021

The best response I can provide would be to tell you -- it depends. The law in general is always going to boil down to precisely what has happened and precisely what has occurred in court and precisely what court rulings have been made. Your question assumes that a "yes" or... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: what happens after lease is terminated but tenant didn't move out.

I am the landlord, lease is terminated with tenant. My lease has plenty for terminating early and hold over fee as well. I notified my tenant with letter and email. He acknowledged. He didn't move out since he wasn't able to get a place. I let him stay due to covid. Know he give me 60... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 3, 2021

You have made a mistake. Hire a competent attorney to file an eviction action for possession only today. You are only loosing rent monies dealing with the tenant in this fashion.

3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I am Pro Se and would like a continuance to withdrawal from the final hearing via zoom. I want an in-person hearing.

How do I make this request being Pro Se?

Regina Irene Edwards
Regina Irene Edwards answered on Mar 17, 2021

This may not be possible. Zoom hearings are standard because of the pandemic. Judges are required to hold via zoom absent an emergency.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: Who gets the benefits for Covid relief and dependent tax credit due to custody change in year 2020. See more details!

My ex ended up claiming the kids on taxes and received all the COVID relief money 1st, 2nd, and it looks like the 3rd. Below is the history and im looking for who is the rightful owner of this. Also Ive tried discussing it with the other party several times and the reply i get is "not up for... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 8, 2021

If you have primary custody, you can claim the children as dependents. You can't do anything about the COVID relief money. If your ex owes you child support since September, you can file a contempt for that.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: how to file a motion to intervene to gain custody or at least fair visitation of my grandson from other grandparent

The other grandparents have taken my grandson from my daughter under complicated circumstances to which I was not privy too nor given the chance to intervene they are in the process of seeking custody but not allowing me to see my grandchild while they have temporary custody. I don't have any... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 4, 2021

You may be able to petition for some visitation rights, but it would require working with an attorney. Try contacting Legal Aid to see if you qualify for free legal assistance. You can also try calling the state bar to see if there is a pro bono attorney in your area.

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1 Answer | Asked in Child Custody, Gov & Administrative Law and Tax Law for Georgia on
Q: The December 2020 stimulus checks, Will the state of Georgia garnish those relief funds due to child support arrears?

If those funds are intended for the relief of the financial burdens of the American populus, incurred due to COVID-19. If the state plans to cannibalize those funds, How is this "help" going to due anymore than the last so called "help" for those who we're struggling Pre-COVID?

Regina Irene Edwards
Regina Irene Edwards answered on Dec 29, 2020

Yes, the state will take the funds and give them to the custodial parent for child support arrears. The state isn't cannibalizing the funds. The money is owed for child support that should have been paid previously, so that is where the money is going - to help the child.

1 Answer | Asked in Car Accidents for Georgia on
Q: When a claim has been submitted how long is the review process if other party was given a citation?

Insurance company is state farm

Tim Akpinar
Tim Akpinar answered on Dec 4, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. It could depend on the citation. If it was for something administrative, it could be insignificant. If it was for an operational violation such as "following too closely" or "failure to... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If someone was sentenced to the RSAT program but they're not shipping due to COVID can they file a motion for less time

My friend was sentenced to the RSAT program on 10/20 but they're not shipping anyone off due to COVID. He wants to know can he file a motion of modification. Since his time doesn't start until he gets there.

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 18, 2020

You would need a valid, legal reason to file a motion for modification of sentence. If the reason is that the sentence will be longer than anticipated, it likely will not be granted. There is often a waiting list for RSAT and most people wait for months to get a bed in the program. If the RSAT... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: If an individual has been in jail for 90 days and hasn't been indicted or granted bond,the judge is in violation of wha?
Jermario L Davis
Jermario L Davis answered on Oct 26, 2020

The statute that you are referring to is o.c.g.a. 17-7-50....if true, the judge would be required to set a reasonable bond upon petition by the Defendant. There are exceptions if the state intends to seek the death penalty. Specifically, the state can seek additional time (90 more days) to... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: Had corona employer said It was okay to quarantine came back said they hired new person and can’t afford me .

My boss gave me corona and I had to quarantine and they said everything was fine I go to go back today and they tell me they have been training a new guy and said they can’t afford to pay both of us

Rhiannon Herbert
Rhiannon Herbert answered on Oct 7, 2020

Depending on the circumstances, you may have a claim for disability discrimination and/or failure to accommodate under the Americans with Disabilities Act. The ADA protects qualified individuals with disabilities from discrimination such as termination based on a disability. However, COVID-19 may... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My lease is up in one day. Can i be put out?

Due to a hold up from covid19 my new house will be ready in 2-3 weeks. I have 2 children so I don’t want to be homeless.

Paula J. Mcgill
Paula J. Mcgill answered on Aug 27, 2020

If you a residential tenant, you are not kicked out if you hold over.

You will have to pay any rent or fees as a hold over tenant.

If the landlord wants you out the following steps must be taken:

(1) demand to vacate;

(2) file dispossessory affidavit in court;...
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1 Answer | Asked in Consumer Law for Georgia on
Q: How can stores require that I wear a mask with these laws in place. How can I do this without breaking the law.
Paula J. Mcgill
Paula J. Mcgill answered on Aug 20, 2020

Stores are private property. They can require customers to wear certain things to enter their store.

Before the pandemic, you saw on certain store doors, "NO SHOES, NO SHIRT, NO SERVICE" It's the same concept.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have main custody tho its joint custody our child is 2 the mother barley calls him when she haves 3 times atleast a

D

V. Joy Edwards
V. Joy Edwards answered on Jul 31, 2020

Very difficult. Terminating another parent’s rights is not something the Judges do often unless it’s in regards to an adoption. It would be easier getting an order to limit her visitation.

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1 Answer | Asked in Civil Litigation for Georgia on
Q: Should I be worried about my case taking so long
Michael W. Horst
Michael W. Horst answered on Jul 14, 2020

Without knowing the specifics of your case, the likely answer is probably not. Cases take time. The average case which does not go to litigation takes 9-12 months to resolve. For cases which go to litigation, it is not uncommon for the case to take more than two years to resolve. Of course, the... Read more »

3 Answers | Asked in Family Law for Georgia on
Q: My son lives in Utah and has a Final Visitation Order in place from GA. It states his daughter can travel to UT from GA

when she turns age 6, which will be this July. Mother is denying travel/visitation to UT due to Coronavirus. Can she do this?

Mike Branum
Mike Branum answered on Jul 6, 2020

I agree with Mr. Wood. I would also consider the additional complications which the panic over corona has created. I have not had to worry about unaccompanied minor air travel for a few years now. I have zero idea how the current situation has changed airline policies regarding UMs. The changes to... Read more »

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1 Answer | Asked in Animal / Dog Law for Georgia on
Q: Am I in the wrong regarding my dog and property?

I have a temporary neighbor, or at least I believe she's just moved in with her family that lives half of a mile down our dirt road due to COVID-19. Anyway, she walks everyday and has called authorities about my dogs. The thing is, they walk to a light pole in front of our property and our... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 2, 2020

You can’t really stop someone from calling the police. If the police haven’t done anything and haven’t issued you a ticket or summons, then you might just have to deal with it until she gets tired of calling with no results. If you have been issued a ticket or a summons, then you’ll want to... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I'm interested in knowing how COVID19 can be used in a habeas corpus motion. For an offender who has completed majority.
David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

I am assuming you are trying to obtain release of a inmate based upon the recent COVID pandemic. Habeas is not the correct vehicle to use. If the person is in custody and you are seeking an early release then the parole board would be the entity you would contact to show the health risks that the... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: My job has told me I have to come back, and stopped my unemployment. I have severe asthma and allergies

I have the dr note saying I'm high risk. Job said I can go on unpaid leave. I told them shelter in place was through june 12th, they basically said I was a liar.

Kyle Anderson
Kyle Anderson answered on May 28, 2020

Hi, you can request a reasonable accommodation for your severe asthma in light of the risks associated with covid-19. You and the employer will need to engage in an interactive process to determine a reasonable accommodation that won't pose an undue hardship on the business. If unpaid leave or... Read more »

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