Georgia Family Legal Questions

If the ex and the new wife live in Pennsylvania then you should repost your question to Pennsylvania.  Laws are different in each state.  If they live in Georgia then the wife's income will not be taken into consideration.  The courts will be more interested in whether his job loss was voluntary or involuntary. Shalamar J. Parham Atlanta Family Law Attorney... Read More

If there is a court order in place, such as a Parenting Plan, that states that neither parent will talk negatively about the other parent to the children then you have the option to take him to court for a contempt action.  You can ask the court to levy sanctions against him for violating the court order by talking bad about you.  If there is no court order that says this then you might be able to petition the court to change the visitation order to address this issue. It is impossible to fully answer your question via this forum and I recommend that you contact a family law attorney for a consultation. Shalamar J. Parham Atlanta Divorce and Family Law Attorney... Read More

To have visitation rights, you have to go through the legitimation process. As part of your initial filing you can likely request a temporary hearing. At that hearing you can ask that the judge award you temporary custody.  There is no quick or "self-help" way to do this. You need to find a local attorney and get paperwork filed as soon as possible. ... Read More

A valid marriage in georgia requires consummation according to law. This can be done by either obtaining a marriage license and performance of a ceremony OR by an actual agreement in words of present tense to be man and wife. With no license you will have to look to option 2. Was there an actual agreement in words of the present tense to be man and wife? This is a fact sensitive situation. You will need to prove that there was a verbal agreement to be man and wife. This might be done by producing witness that saw your ceremony. You should find a local divorce attorney and speak to them about the facts of your case.... Read More

You are going to have to sue your mother in small claims court. You might be able to talk to your father and ask that his attorney go to bat for you. In the divorce, the court might award the truck to your father who could then give it to you. Other than that, you are just going to have to sue her.... Read More

There are 4 Judges (maybe 5 now, if Judge Parrott was replaced) and they all view this sort of request differently.  The main reason for your move is a big part of your case.  Are you moving for a reason any or all of the Judges there find acceptable?  That's a tough one since none of us have the ability to predict what anyone, especially a Judge will say.  If he is actually taking full advantage of his visitation periods and has done well with them - not missed any, been sober, not acted out or volatile, then he is working toward unmonitored visitation, which he may be granted at the permanent or final hearing if he continues to do well.  If you look at it that way, if he gets unmonitored visitation at the final, whenever that may be, then he will have the child(ren) for a full weekend, every other weekend, and you'll be in another State.  The Courts tend to work toward both parents having access to the children in a divorce situation, and this is similar to that since he is the Father and he is showing an interest.  So, I cannot say that you have more than a 50/50 chance, given what information you have provided, under the circumstance I note here.  Other concerns and considerations include what family there is here, where he, you, and the children presently reside.  Any family here?  Are the children old enough to have a lot of connection here to school, church, etc.?  All of these are considerations.  Without some heavy duty detail, it would be difficult to say whether or not your case would be worthwhile, at least at this time. Danielle D. D'Eor-Hynes, Esq, Family Law Center, LLC; 478-971-1877; www.hynesfamilylaw.com  ... Read More

This question should be posed to a tax attorney, not a family law attorney.  I would be tempted to say that a pre-marital debt remains the debt of the person who incurred it, and does not become the responsibility of a spouse after-the-fact.  That, however, may not be the way a tax attorney or the IRS would look at things. Danielle D. D'Eor-Hynes Family Law Center, LLC www.hynesfamilylaw.com... Read More

As you have presented the facts, Yes. If it is in your divorce decree that he is to pay 1/2 and he has failed to do so, then that is a contempt. However, before you do that you should call an attorney and have them review your divorce decree to make sure there wasn't some loop hole put in there that will allow him to get out of having to pay. The most common loop hole is to require that you have to give him notice of the bill and then 30 days to pay. They may or may not be in your decree. Go to the lawyers.com directory and find a family law attorney close to you.... Read More

If there is no complete agreement then the divorce is not uncontested.  An uncontested divorce is one where both parties agree on all the terms of the dissolution of the marriage.  It is still possible to obtain a divorce where both parties do not agree, but the process is much longer and more complicated. Shalamar J. Parham Atlanta Divorce Attorney... Read More

This is a bit of an incomplete set of facts, but a child that has been legally adopted stands in the exact same shoes as a biological child. A child that has not been legally adopted may be able to show a court that they were "constructively" adopted but this is a legal long shot and you need an attorney that is well experience in "probate litigation" This is just an illustration of the law and not intended as specific legal advice.... Read More

Getting an annulment in georgia is next to impossible - the law on annulment is very narrow. I have never seen an annulment in my practice. Instead, you need to file for an uncontested divorce. This type of divorce can typically be completed in 30-45 days, for a low cost and usually without a court appearance.  Search the lawyers.com directory for an attorney that serves your county and mentions "uncontested" or "no-fault" divorces.  This is just an illustration of the law and not intended as specific legal advice.... Read More

Because your mother died without a will, her property will pass through the process called, intestate succession.  Under this process the property will be divided equally between her children and any surviving spouse, with the surviving spouse guaranteed to receive a minimum of one-third of the estate. If no surviving spouse, then equally to her children. You will need to seek a letter of administration from the probate court in the county your mother lived in. Once filed you can officially demand the property be returned on behalf of the estate. If the property is not returned there may be criminal liability  Search the Lawyers.com attorney directory for a probate attorney that serves the county you live in. The above is not intended as establishing an attorney-client relationship or as legal advice. Contact an attorney directly for such assistance. ... Read More

A valid gift is considered the separate property of the receiving party. As separate property it is not subject to equitable division in a divorce. Although gifts between spouses of marital property will remain marital property and thus be subject to equitable division.  This is not intended to be legal advice. Only an attorney aware of all the facts can give you legal advice.   ... Read More

If there are no children, yes. If there are children, no. The estate is to be divided among the children and spouse, with the spouse guaranteed no less than 1/3 of the estate. There are ways to avoid this result if everyone cooperates The information provided is illustrative in nature and not intended to be legal advice. Only with a full understanding of all the facts can appropriate legal advice be given. You are strongly encouraged to schedule a consultation with an attorney to fully discuss your matter.... Read More

Unfortunately, most of your options will depend on your settlement agreement. You would need to speak to an attorney with the settlement agreement in your hand so the attorney can review it. Depending on the language of the agreement, you may have options.  The information provided is illustrative in nature and not intended to be legal advice. Only with a full understanding of all the facts can appropriate legal advice be given. You are strongly encouraged to schedule a consultation with an attorney to fully discuss your matter.... Read More

Your answer depends on the settlement agreement. It is typical to include language that the non-custodial parent has to be notified of medical procedures. You need to meet with an attorney and have them review the settlement agreement to determine your rights.  The information provided is illustrative in nature and not intended to be legal advice. Only with a full understanding of all the facts can appropriate legal advice be given. You are strongly encouraged to schedule a consultation with an attorney to fully discuss your matter.... Read More

If the father has gone through the paternity and legitimation process, their is a duty to provide the other party 30 days notice of any change of address. If he has not followed that process, it is unlikely that you are under any obligation to notify him. The information provided is illustrative in nature and not intended to be legal advice. Only with a full understanding of all the facts can appropriate legal advice be given. You are strongly encouraged to schedule a consultation with an attorney to fully discuss your matter. ... Read More

Your answer depends on any written order from the court regarding visitation. You would need to bring said order to an attorney and have them review it with you. If the order contains provisions that give the mother visitation, and it contains no restrictions, then you do not have much to fall back on. If however there are some restrictions or if it doesn't even have provisions for visitation, you may have some leverage.  The information provided is illustrative in nature and not intended to be legal advice. Only with a full understanding of all the facts can appropriate legal advice be given. You are strongly encouraged to schedule a consultation with an attorney to fully discuss your matter.... Read More

It seems unlikely, unless she did in fact sign something stating that she would guarantee the bill. However, his estate might be on the hook to pay. If he died without a will the laws regarding priority in intestate estates would be important to answer that question. If he died with a will, the plain language of the will likely says something regarding the payment of debts.  The information provided is illustrative in nature and not intended to be legal advice. Only with a full understanding of all the facts can appropriate legal advice be given. You are strongly encouraged to schedule a consultation with an attorney to fully discuss your matter.... Read More

The language of your settlement agreement dictates your options. Unless your paperwork specifically requires supervised visitation, you cannot require it on your own. If you want to seek that result, you should contact an attorney and seek a modification of visitation. The information provided is illustrative in nature and not intended to be legal advice. Only with a full understanding of all the facts can appropriate legal advice be given. You are strongly encouraged to schedule a consultation with an attorney to fully discuss your matter.... Read More

Did you have a fee agreement with your attorney?  That should specify how your file is to be kept and what rights you have to it.  Anything that is in your file should have been sent to you during the course of representation and any court documents you can get at the courthouse.  Your fee agreement is a contract between you and your attorney and you can sue them if there has been a violation.  You may want to contact your state's disciplinary board.  A phone call from them to your attorney may solve the matter.  And, last, but in no way least, as an attorney who has been stiffed before, pay your bill or make arrangements to do so.... Read More