Georgia Family Legal Questions

Your spouse can file for divorce to begin the divorce process but for the divorce to proceed you have to be served. To be served, you can be personally served (by a sheriff or process server), you can acknowledge service (meaning you sign a document saying you received a copy of the divorce documents) or you can be served by publication (meaning he publishes a notice in the newspaper letting you know that he has filed for divorce). He should only do the service by publication if he does not know where you are, has no contact with you, has no way to get in touch with you, does not know any of your contact information, etc. (which likely does not apply here). Because you are the respondant (meaning he is filing and seeking the divorce so he is the petitioner), he should file the divorce in the county in which you live. You can check online to see if anything has been filed against you. Most counties in Georgia have electronic filing.... Read More

You have not seen the child in 5 years, so the first thing would be to find out who the child lives with so you can take that person to court and request the court to allow you access to visitation and custody. You will need to discuss your specific situation with an attorney to go over your options. If you can not afford an attorney, our office does provide low cost services and and support resources for individuals representing themselves. Looking forward to speaking with you. ... Read More

Ayman, legal forms can be purchased by many legal websites, and most county supreme court or state supreme court offers FREE Court forms for individuals that are representing themselves. If you would like our firm for fraction of a lawyer cost can draft/prepare responses for you and you can represent yourself in court. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com... Read More

Amber, as long as your background trouble in the past does not endangers the child well being or affect your parenting than you have equal rights as a mother as he do as a father. You can request the court to get you your child back if you have been primarly providing for the child. You can also, request the court to establish child custody and visitation. You also mentioned that you don't have enough money, therefore you have two options, 1. You can try asking the court to see if they can provide you a pro bono attorney, or 2. you can represent yourself in court and have our office drafts and prepare the paperwork. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

If you have a court order that allows you to stay in touch with the child through telecommunication, and the other parent is violating the court order you will need to file a motion of contempt. This will work out in your favor along with other factors. This is something you can do on your own because of its simplicity. If you do decide to get a lawyer, they might charge anywhere from $2,500 to $4,000. Representing yourself with the help of a legal specialist doing the paperwork and walking you through the process as a Pro Se may be an option. If you think you can represent yourself in court you can save 50% of the above price by utilizing document preparation service and etc. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

This is considered a complex case. You will need to discuss the options available to your attorney. An attorney will also need to review and evaluate the current custody order in place. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

You can contact the Supreme Court in your area and speak with the clerk regarding annulment. Also, if hiring a lawyer is a problem then you may be able to get a free attorney from the court if you meet the income requirement. You can file for an annulment, but its complex. Petition the court for an annulment and in your petition, complaint for annulment be sure to request the judge to have him pay for all your court-fees and attorney.    Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.  ... Read More

Hello and thank you for asking. You do have a winning case. However family law  is one type of law where who has the most substantial evidence and can persuade through pleadings and motions will win the case. He could have no job, no income, no nothing and if he can persuade the court you are unfit mother despite your police reports he can still win. He would however require a good lawyer on his side. Which I don’t think will be happening.  You shouldn’t worry unless you can no longer can do it on your own. You sound like you are representing yourself. There may be a free attorney available through court you would have to check with the family law clerk. However for pro se we do offer a $299 package that includes unlimited consultation for a family law case and review of court documents and guidance.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

We get a lot of cases from GA. Do you know the whereabouts of the child? If so contact my office and let's discuss the details and options in this case. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

It looks like someone is trying to put your husband into trouble. It’s best to remain calm and cooperate with them and informing them that he has no drivers license and no car to begin with and does not do drugs (he does not right)? Contact an attorney if the matter looks like is not resolving and only escalating. Looking forward to hearing from you.... Read More

A petition to legitimate is usually where there is a known child. You may want to consider looking up the Putative Father Registry through the state of GA. That will let you put your name in a state list for possible fathers, in case of an adoption or juvenile court proceeding ever takes place. Consider hiring a lawyer for further advice, especially if there's more evidence of a child. ... Read More

If there is a temporary order in place, I assume your case is still ongoing. Therefore, you may consider going back to court to get the order modified specifying who can pick up the child. There really is no easy answer to your question. The police would usually say it's a civil matter if there's a court order in place. You may even contact them first to ask what they would do. A lawyer would likely need more information to give you any further advice on what may or may not happen with that. ... Read More

It's difficult to answer a question like yours b/c it depends on many factors. If the father were to file something with the court, a judge may take the fact of your living together into consideration. But, there are also many other factors to consider as well. You probably already know that until the father files something, the mother is the legal custodian. Hope this helps. ... Read More

I would encourage you to work on your communications with him. He is the co-parent and the more involved, generally the easier it will go. How long have you been in Georgia? You will need to establish that both you and the children haved lived in the state for at least 6 months prior to filing the case. If you were in Florida, you will want to get a Florida  attorney for to address all of these issues. christine@bechtold-law.com... Read More

The issue of custody is entirely separate from the issue of his illegal tax filing.  You will not be able to charge him with identity theft unless he used your name and social security number. If you worked and paid taxes you may file and claim your daughter.  If both claim her the IRS will rule in your favor.  If you did not pay taxes or claim her you can notify the IRS that he is not entitled to the deduction. If he files for legitimation the father can ask for visitation or custody.  As part of your defense you can say he defrauded the United States by claiming the child.  The court will consider all evidence both parents present and decide what is best for your child.... Read More

It is difficult for a third party (grandparents, uncles, siblings, etc) to take a child away from his or her legal and biological parents in Georgia.  They must prove you unfit; not simply that you may or may not be a good parent, but unfit to the point that your child would be taken from you by DFACS for example.  It is a very high standard for your mother to meet.  Always underlying a custody case is the question, "what is within the child's best interest".  There is a presumption in the law that it is within the best interest for a child to be with his or her parents.  I would encourage you to seek local counsel.  There are many factors that could come in to play such as your current marital status and your age.... Read More

If you are not married to the father you have sole custody.  If you file for child support through the Office of Child Support Recovery the father will not get any rights.  The Office will not even give him your address.  On the other hand he can file for visitation or custody at any time through a process called legitimation.  If he files the judge will give him visitation rights and make sure he is paying child support.... Read More

I suggest that you put your intentions in writing, send it certified mail so your lawyer must sign for the letter, and inform the Court that you have done so by sending a copy of your letter to the Court and the Judge, and the other side, whether the other side has a lawyer or not.  You can, also, contact the Georgia Bar at www.gabar.org.  ... Read More