Georgia Family Legal Questions

Locating a child is not really a legal issue per se.  However, divorce and family law attorneys regularly use private investigators that have the skill and resources to locate persons.  Your friend would be able to discuss this option with his attorney.  If your friend does not retain an attorney yet then he can independently hire a private investigator. Shalamar J. Parham Atlanta Divorce and Family Law Attorney  ... Read More

You should contact an attorney to file a petition to legitimate your daughter.  Diona M. Potter Potter Sieg, LLC DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice.  It is provided solely for informational purposes.  Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.  ... Read More

Yes, you still have to legitimate the child through the court system.  I would recommend contacting an attorney in your area who can assist you with the process. Diona M. Potter Potter Sieg, LLC     DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice.  It is provided solely for informational purposes.  Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.  ... Read More

Child support generally doesn't control the amount of time a parent can have custody.  She should check with a lawyer in her jurisdiction.  He can probably contest any move she would make and she may need to provide him with notice of her intention.  She may need to prove to the court that it is in her children's best interest to move and have a plan in place as to how she would keep the relationship between them and their father.... Read More

A court cannot prohibit a parent from moving out of state with the children.  However, since you share physical custody, I would imagine that she would need to file for a modification of custody in an attempt to gain primary physical custody.  A parent moving out of state qualifies as a material change of conditions that would serve as a basis for the modification action.  I recommend contacting an attorney who can further assist you. Diona M. Potter Potter Sieg, LLC   DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice.  It is provided solely for informational purposes.  Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.  ... Read More

Child custody is based on the "best interest of the child" standard.  It is a nebulous standard and the court considers a number of factors.  Often, the court will appoint what's called a guardian ad litem to conduct an investigation and give their opinion as to who they think should have custody.  If you are contemplating divorcing your spouse and you anticipate a custody fight, I would recommend contacting an area who can further assist you. Diona M. Potter Potter Sieg, LLC   DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice.  It is provided solely for informational purposes.  Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.  ... Read More

First of all, the lawyers and the Court should have entered a temporary Order granting a temporary modification of his support obligation at the hearing in August.  If they did not enter a temporary consent order that allowed for a lower amount of support under the circumstances you described, it seems that someone dropped the ball.  The entire idea of filing a modification when income changes it to be able to assist the paying parent with their support obligation when they have less income than they had when the support obligation was first considered and ordered.  To leave him paying the same amount over a period of time he could not pay as much, if anything at all, is not what you filed a modification action for in the first place.  I suggest you have your Attorney file something to give a decrease in the obligation from the date of the hearing in August.  Someone was not diligent, based on the facts you describe. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com  ... Read More

If you have a court order that grants you visitation rights with your child then your child's father does not have the right to keep your child away from you.  Based on the facts you've provided, you could bring a contempt action against him.  Child custody is based on the best interest of the child.  The court will consider a number of factors in making this determination.  You can file for a modification of custody, requesting that you be awarded primary physical custody of the child.  I would recommend consulting an attorney in your area who  can properly evaluate any and all claims you might have. Diona M. Potter Potter Sieg, LLC DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice. It is provided solely for informational purposes. Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.... Read More

Contact the sheriff's department in the county that you live in to find out if they can assist you.  Take the order showing your visitation rights/schedule to the department and explain the situation and see if they will accompany you to your child's father's house so that you can pick him up for your court ordered visitation.  I don't know if they will assist you, but it is worth a try.  Additionally, you might need to bring an action for contempt against him.  Contact legal aid and/or the superior court of the county in which you reside to see if they have a family law center that could assist you.  If not, Fulton and DeKalb County Superior Courts both have resources that will be helpful.  I've included the links below. http://famdiv.fultoncourt.org/ http://web.co.dekalb.ga.us/superior/centers.html   Diona M. Potter Potter Sieg, LLC DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice. It is provided solely for informational purposes. Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.... Read More

Unless you become legally emancipated, you cannot.  The age of majority in Georgia is 18, so you can move out any time after you turn 18.  If you would like to become emancipated, contact an attorney who can assist you. Diona M. Potter Potter Sieg, LLC DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice.  It is provided solely for informational purposes.  Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.  ... Read More

Since your wife and child currently reside in Tennessee, Tennessee would likely have jurisdiction of the case.  You would probably need to get the Texas agreement domesticated in Tennessee and then file for a modification of custody.  I recommend contacting an attorney in Tennessee to discuss your situation. Diona M. Potter   DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice. It is provided solely for informational purposes. Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.... Read More

Unless there is a court order in place indicating something to the contrary, you are the legal custodian of your child.  As such, you should be able to get your daughter from your godmother and take her wherever you want.  If anything, the police officers should have requested if your godmother had any proof to support her allegations that you were unfit and not allowed to be around your daughter, i.e. a court order indicating same.  If you are still unable to get your daughter from your godmother, I would recommend contacting an attorney. Diona M. Potter DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice. It is provided solely for informational purposes. Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.... Read More

The age of majority in the State of Georgia is 18, which means that she is legally an adult.  Accordingly, if she leaves her parents' house prior to her 18th birthday or without being legally emancipated, she could be subject to criminal charges.  In addition, her probation terms may place further restrictions on her.  She should either consult an attorney about initiating emancipation proceedings or try to stick it out at her parents' house until she turns 18. Diona M. Potter DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice. It is provided solely for informational purposes. Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.... Read More

In order to get an increase in child support, you will need to file an action for modification of child support.  Once you initiate the action, both you and your child's father will be required to produce documentation that shows your current income.  Additionally, you will also be required to complete a child support worksheet.  This is a form that considers financial aspects of both parties, including but not limited to each individual party's income; and additional expenses each party pays related to the care of the child, including child-care, insurance, etc....  Once the information is included in the worksheet, the worksheet will calculate a figure that represents the amount of support that each parent is responsible for paying.  Unless your child's father can demonstrate why there is a reason to deviate from that figure, this is the amount of support that your child's father will have to pay.  You can download the child support worksheet from the Georgia Child Support Commission, I've provided the link below, and input your and your child's father's financial information to get an idea of whether his child support obligation will be increased and, if so, an approximate amount by which it will increase.  recommend speaking with an attorney about your situation so that he/she can properly advise you with how to move forward. Diona M. Potter http://www.georgiacourts.org/csc/   DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice.  It is provided solely for informational purposes.  Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.... Read More

That's going to depend on how you want to move forward.  At a minimum, you will need to pay the filing fees and, unless your child's mother is willing to acknowledge or waive service, then you will also need to pay service fees.  In Georgia, the filing fees are approximately $200.00 and service fees typically run between $25.00-$50.00. If you want to retain an attorney, the cost is going to be dependent on several factors including but not limited to the attorney's hourly rate and/or if they will agree to perform the work for a flat fee; whether there's an acknowledgment of paternity/legitimation; the  location of the parties; and whether you want to establish visitation as well. While this may seem like a relatively straight forward and simple process, I would recommend contacting an attorney in your area.  My law partner and I handled what should have been a simple legitimation that turned into a big mess because of the relationship between the parties.  We eventually resolved the issue, but it took a while. It''s always better to have someone who knows the law and how to navigate the legal system working for you than to try to figure it out on your own!  Diona M. Potter... Read More

No they cannot.  As joint legal custodian of the child, you have the same rights of access to anything related to your child's education including school records, parent-teacher meetings, extracurricular activities, etc...  If you are represented by an attorney, I would recommend that you have your attorney contact the school to discuss the issue.  If you are not represented, I would recommend that you schedule an appointment with the principal of your child's school to discuss the situation and hand deliver a copy of the temporary order to him or her.  Additionally, you should ensure that the school has all of your contact information and inform them that they need to send you notice of anything related to your child.  I would submit this to the school in writing so that you have a record of your request. A parent's involvement with their child's school can be a significant factor in a custody proceeding so it's important to take steps to ensure that you are involved in all aspects of your child's education. Diona M. Potter  ... Read More

Based on the information provided, you should be able to get a continuance.  As an initial step, you should contact the opposing party and explain the situation to them and see if they have an objection.  Once you've done that, you should submit a request, in writing, to the judge and explain the situation.  If the other party is amenable to continuing the hearing, be sure to indicate that in your request.  I also recommend providing any documentation that you have that demonstrates the date and time of your appointment.  Diona M. Potter... Read More

The standard for child custody is the "best interest of the child."  When determining custody, the court will consider many different factors that affect your child's well-being so there is no one deciding factor.  If you want custody, you should be able to file for a modification of custody.  Additionally, pursuant to Georgia law, a 14 year old has the right to choose what parent he/she would like to live with and the court will honor the 14 year old's choice unless the court decides that the chosen parent is not in the best interest of the child.  I don't know what county you live in, but many counties in the metro area have resources available to assist you.  The family division of the Fulton County Superior Court is a great resource.  I've included the link below. http://famdiv.fultoncourt.org/ Diona M. Potter... Read More

No.  In Georgia, a divorcing party with children is required to have a parenting plan.  The parenting plan provides the blue-print for child custody, support and visitation.  The right to child support belongs to the child, so a parent cannot waive the child's right to support, even if the primary physical custodian of the child doesn't "want" child support.  However, there are situations where the parents can request deviations from the presumptive amount of child support based on certain situations such as low income, education/medical related expenses, etc...  Ultimately, it is within the judge's discretion to decide whether or not to grant the request for a deviation.  I would recommend that you consult an attorney who can properly advise you with respect to the facts of your specific situation.   Diona M. Potter... Read More

If the divorce decree does not state that you must be Up-to-Date with your child support in order to claim your son as an exemption, and if it gives you that exemption every year (not just odd or even years, or if you are earning a certain amount of income that year), then she had no right to take the child as her exemption. As you can see, the details are important.  Check the "qualifying language" in your Decree to make sure you are covered on all bases. If you NOW file your taxes and take your son as an exemption, the IRS is going to demand proof that you can do so -- you'll need to send a certified copy of your Divorce Decree to them. They already have someone claiming the child, so you will get a letter informing you that it is not allowed and what you can do to challenge the decision. They will review it, and let her know that they are assessing fines and interest on the amount of money she got back as a result of taking your son as an exemption.  In my experience, they have never put someone in jail for this, but they will make them repay it with interest and penalties.  If you did not file this for Tax Year 2010 because this is the first response to your question you have received, you can go back and file an Amendment now.  Hope this helps. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com  ... Read More

You will need to file a Petition for Change of Custody with the Court where the legal custodian and the children are residents.  You need to allege (discuss) why the children were placed with your Uncle, and what has changed since you did that.  It is a "Best Interests of the Children" standard that the Judge will look at. Then, if the Court determines that there has been a "Material Change in Circumstances" since the children were placed with your Uncle, the Judge will determine whether or not it will be best for the children to return to your custody.  There is a good chance that the Judge will appoint a Guardian ad Litem, who will talk with you and all concerned, and the children, and make a recommendation to the Court as to whether or not it will serve the best interests of the children to be returned to you.  The fee for the Guardian is usually split between the parties (you and your Uncle), but sometimes, the Court has money set aside for those fees.  Have you remained in your children's lives?  That is a very strong point that will be made.  Have you tried to remain active in their lives and your Uncle refused to allow it?  That, too, is a strong issue for the Court.  How long has it been since that happened?  How old are your children?  How do the children feel about it?  All of these questions are key to your case.  Any Attorney who practices in this area of law should be asking you these questions BEFORE they ask for your money.  I hope this helps. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com... Read More

As of Jan. 1, 1997, there was no longer Common Law Marriage recognized in Georgia.  However, if a couple was together and acting as Husband and Wife before that date, it was recognized as such even after that date -- it was "Grandfathered in."  So, acting as Husband and Wife, then, meant that they held themselves out to the public as "married," OR the Wife took Husband's name OR the parties shared household, children, bills, or other things that married couples do, etc.  In other words, the parties would not have to satisfy all of these criteria, but only one of them -- although they tend to work together in many cases. If the criteria are met, the parties would need to go through the normal procedures for any action that involves a married couple, as if they were married. Hope this helps. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com... Read More

It does not matter, overall, who files first.  The Plaintiff pays for the Court costs to file the action, and pays for the Sheriff (or private process server) to serve the paperwork.  In Georgia, that is $205 for the Court filing fee, and $50 for the Sheriff.  Service by private process is, usually, far more expensive than the $50.00 charged by the Sheriff. In closing arguments, the Plaintiff's Attorney can make the first closing argument, and then they can make another closing argument when the Defendant's Attorney is done with their's.  So, it's kind of like having a chance to rebut the other side's argument.  When a Defendant is served papers, they get to see what is being said in the paperwork before they have to file an Answer and Counterclaim, so they get to see the other side's "hand," so to speak.  Aside from all of the above, there really isn't much difference in who files. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com    ... Read More