David Edward Oles's Answers

What rights do a non-custodial parent have in fighting a custodial parent moving out of state?

Georgia law does not restrict a custodial parent from moving out of state with the children. A non-custodial parent that believes the move is not in the best interest of the children can petition the court for a modification of the custody arrangements. Most custody agreements contain a provision that requires a parent to notify the other parent if he or she intends to move out of the state with the kids for just this reason. Presenting an argument for change of custody to the court...

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Will a citation for soliciting an undercover officer show up on my record from 23 years ago in allentown pa

That is going to depend on how the background information is conducted. You did not say if this was a juvenile record, or adult. You also did not say how the old case got resolved and whether you tried to expunge the record. Both of these questions have to be answered to help you. Some background checks look for certain things, while other background checks may not. It's hard to say without knowing the nature of the background check. Most employers will look for criminal...

Can a 2nd court ordered child support case modify the 1st in the state of Georgia?

Sometimes a later court can take what we call jurisdiction over a prior order between the parties. However, the matter would have to be properly before the court, and it does not sound like that is what happened here. There is also some distinction between child support cases being enforced by a state agency and those ordered by superior court. I'm not sure what you have here. A later support order takes into account prior orders that are brought to the court's attention. I'm...

My former employer (McDonalds Manager) shared my drug test result with non-management crew member. What recourse do I have?

Employers may not share the results of drug tests with anyone not involved with the human resources function or otherwise involved in management with a need to see the information. There are laws both federal and state protecting this information. You may have a claims for improper disclosure of this information. However, your damages may be limited to actual harm that you suffered as a result of this disclosure. In certain cases, the law allows "nominal" damages if you can't...

What's the fastest way to get divorced in GA?

Generally the fastest way to get divorced is for both parties to execute all the necessary documents and submit them with a consent to try. Judges vary on whether they will allow a final to be taken on the papers, or whether a personal appearance by the petitioner is needed. This can be done, generally, in a matter of weeks. On the other hand, if you do not know where the father is, and can't find him, then you may have to resort to a more complicated process of publication. There may...

In what cases can I file an agreed upon parenting plan?

Parenting plans are filed in custodial cases. In other words, there has to be an open court case involving the custodial rights to the child. If the father has legitimated the child already, I'm not sure why you are filing a parenting plan now. There is no reason why a parenting plan cannot exist simply as a contract between the parties, unless you are trying to set child support. Are you attempting to change the custodial arrangements that were set by the court at the time of the...

Can the Police arrest someone for theft by conversion?

Police are generally hesitant to get involved in situations that they view as involving civil, rather than criminal, issues. Sometimes the distinction is a blurry one. Many actions can have both civil and criminal implications. In situations where two parties are entitled to use and dispose of assets (common in many simple business arrangements), the police will often decline to take action, referring you instead to civil court. The end you are seeking will help determine the best way...

Im 16 years old and i want to live with my mom in Newnan but my grandparents have custody of me, do i have a say so?

In Georgia the legal age of majority is 18. Individuals under the age of 18 do not have the full rights given to an adult. In certain cases, individuals who can prove that they are self-sufficient can apply to the court to be emancipated. To be declared an emancipated minor, an individual would have to show that they have a residence, and are able to suppport themsleves through work or other means. Very specific information is needed about your situation in order to determine if...

Can a protective order be dismissed after it's issued? I never had a chance to say my side in court.

In order to get a protective order, a Georgia court must have a basis for what is called jurisdiction. One of the most essential requirements for jurisdiction is that you are properly served with the complaint. Another is that you must have sufficient contact with Georgia to be brought into court here as a matter of fundamental fairness. If a court does not have a legal basis for jurisdiction, an order issued is subject to dismissal. Your situation is unique and it is not possible to...

If paternal rights are estaibshed and the child is 16, how far can they make the father pay?

Parents in Georgia are obligated to support their children up through the age of majority in most cases, meaning age 18. There are other circumstances that may apply that would reduce or extend the period. If you believe you are not the father, you are entitled to demand a DNA test. While DNA tests are not infallible, courts accept the results most times. This response is offered as general information, and you should consult an attorney for guidance in your particular situation.