Georgia Family Legal Questions

The fact that your in arrears as to child support should not dictate whether you file for a modification of custody of your children.  At age 14 they can elect to live with you and the court will take that into consideration in deciding custody.  However, you will have to resolve the arrears as part of the dispostion of the case if custody is granted to you.... Read More

Because she came into possession of the tanning bed legally, this is a civil rather than a criminal matter.  Your remedy is to sue her for conversation of your property.  This person can either return the bed or pay you for it's value.  You should discuss this matter with a local attorney. ... Read More

If you were never married to the child's father then the law vests custody of the child to the mother.  If the father has filed for legitimation of the child, then he probably has a court ordered custody and visitation schedule.  If you should move under thoses circumstance, then the biological father could seek to either obtain physical custody (which probably would not happen if he has a substance abuse problem) or he could seek to modify the court ordered visitation periods, seeking to make his visitation periods during summer or holidays. ... Read More

Your sons name can be changed pursuant to a step parent adoption.  It soulds like you were never married to your sons father, nor has the biological father seen or supported his child in over 5 years.  If that is the case, then you should speak to a local attorney about the procedure for filing for a step parent adoption.... Read More

It sounds like the co worker did not pay off the title loan, so the title is still being held by the title company.  Who ever holds the actual title has the greather interest in the vehicle and can make a claim to recover it.  The only thing you can do is find the co worker and sue him to get your money back.   ... Read More

Because you have relocated so far away, then your visitation schedule does not work any longer.  Because your ex will not cooperate, then you have no choice to take him to court in GA to change the terms of the visitation to require him to cooperate in the transporation (to and from the airport) of the minor child, on specific dates and times.... Read More

If he goes thirty days without paying any support, it is abandonment [a crime].  If he does not pay pursuant to a Court Order, then it is a contempt issue.  If he does not pay per a Court Order for a period in excess of one year, his parental rights can be terminated if you get married and your new husband wishes to adopt your child.... Read More

Yes the mother can recover.  Legitimation is not required for a mother to recover child support from a father.  Legitimation is something that a father may do in order to get visitation or custody.  He is allowed to request a paternity test though, before child support might be ordered.... Read More

In Georgia, a parent has a legal obligation to support a child, until, the child is emancipated. That is typically when the child reaches the age of 18, or if still in high school up to a maximum age of 20, but there are exceptions. It can be earlier if the child marries or joins the military. It can be later if the child has diagnosed disability.... Read More

It would be unusual for the hospital to make this request especially regarding his finances. Generally, they may require you to be guardian and conservator in most matters. If you become guardian, your ability to consent to end of life matters is limited to any advanced directives your relative communicated to you or order of the court. Since you are the closest next of kin and an interested person, they are probably following their protocols in obtaining consent.... Read More

I assume your ex filed a change of custody with the court where you and your son live?  It will need to go to Court, of course, but the biggest change in the law in the past couple of years is that even though 14 year olds and older can "elect" the parent with whom they wish to reside, it is no longer a "done deal." It is now a "best interests" standard, so even if those kids who were old enough to elect their custodial parent now wish to "elect" their custodial parent, the Judges can override it with a "best interests" finding.   I don't know where you are residing in Georgia, but Judges usually speak with children in Chambers, privately, to find out what is going on, what they want and why, etc.  If your son asks to speak with the Judge, he can let the Judge know privately what he wants and why he signed the election form to begin with.  The Judge will make their decision and inform the Court whether or not the child will be able to move.  So, your son has a second chance.  Make sure that you are not pressuring him to say those things to you just to spare your feelings, too.  I suggest that your son talk to a school counselor or pastor or someone he feels he can speak openly to.  It is, after all, about your son and what he needs and wants.  16 year olds still get confused and conflicted. Hope this helps. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com 478-971-1877  ... Read More

Yes, and no.  Federal taxes, especially, don't have much to do with State Court Orders that formerly stated which parent can claim a child on their taxes.  If the two parents try to claim the same child, the second one who files will get a notice that they cannot claim the child since that child has already been claimed by someone else. The document will inform you what to do about it, but in the past, Court Orders and people (by Agreement) have decided who gets the tax exemption.  If your son has been living with you for 4 years but the last Court Order or Contract of Settlement between you and her gave her the exemption, then she has the right to do so.  Courts now do not award tax exemptions since divorce and custody are heard in State Courts and tax deductions/exemptions are part of the Federal system and stand on their own.  If parties agree on that issue, however, it will not be changed by the Court if you go back to Court for that purpose. If you go back to court to change custody, that exemption issue will follow the new Court's Order, but it will not be decided in Court.  It will be what the I.R.S. determines as the person with whom the child resided for more than 50% of the year.  So, if there is no Court Order or Agreement where your ex gets to claim your son, you can claim him but when and if the IRS gets involved, you should be ready to show them proof that he was residing with you - school records that give his address, etc.    Hope this helps, and Happy New Year. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com 478-971-1877... Read More