Marcy Ann Millard’s Answers

Marcy Ann Millard

Alpharetta Divorce / Separation Lawyer.

Contributor Level 8
  1. Are illegitimate children considered next of kin to a father

    Answered over 1 year ago.

    1. Marcy Ann Millard
    2. Daniel Ellis Rice
    2 lawyer answers

    If the children have not been legitimated through the Courts (a Court order states the children are legitimated and capable of inheriting), then those children are not legally considered family. The kids would be legal strangers to their father. If the father wants to have them considered part of his family, he should contact an attorney.

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  2. Son's father has not spoken to him in almost a year...does this constitute abandonment? If not, what are my legal options?

    Answered over 1 year ago.

    1. Marcy Ann Millard
    2. Anthony M. Zezima
    3. David A. Canale
    4. Nathaniel Michael Smith
    4 lawyer answers

    It sounds like in addition to not visiting his son, he has also not paid child support in the past year. If he has failed to pay child support, you could issue a warrant for child abandonment. But, in order to protect your son from his father popping back in his life, Anthony is correct, you would need to file a modification with the Court. When you file the modification, you can also ask for the unpaid child support and handle both issues at the same time. Given the complexity of the...

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  3. Separate property evidence

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Marcy Ann Millard
    3. Keith G Langer
    4. Atousa Saei
    4 lawyer answers

    Are you asking if you have to return your wife's jewlelry as part of the divorce? or if the jewelry would be an issue as part of the divorce? If so, yes, the jewelry would be an issue of the divorce. The engagement ring would be hers to keep. It was given to her prior the marriage as a reason, in part, to get married. The other jewelry would also likely be awarded to her in the divorce assuming it was purchased during the marriage. Typically, courts will award a party their own personal...

    3 lawyers agreed with this answer

  4. I over paid on my child support, what are my options?

    Answered over 1 year ago.

    1. Marcy Ann Millard
    2. Glen Edward Ashman
    3. Emily Su-Hwa Yu
    3 lawyer answers

    You would definitely need to have an agreement or a new order to stop paying support. If you were to stop paying support now, your ex-spouse/other parent could file a contempt. In a contempt action, the Court may consider your overpayment and your underpayment. But, the Court could also be upset you decided to act on your own. The safest course of action is to get an agreement with the person recieving the child support or just file a modification.

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  5. How can I terminate a temporary custody order?

    Answered over 1 year ago.

    1. Marcy Ann Millard
    2. Daniel Ellis Rice
    3. David A. Canale
    3 lawyer answers

    It sounds like the juvenile court issued an order regarding custody pursuant to a DFACs investigation. If that is the case, you will need to petition the court to re-evaluation the situation. You will also need to see if your previous case is still open. These issues can get very complicated. You really need to find an attorney. You can always start with legal aide.

    2 lawyers agreed with this answer

  6. Am I entitled to get any of my husbands social security dissability money once we divorce. We have been married for 32 years.

    Answered over 1 year ago.

    1. Thomas Carter O'Brien
    2. Rachel Aliza Elovitz
    3. Marcy Ann Millard
    3 lawyer answers

    Thomas is correct. The short version is, if you have been married more than 10 years, you will be able to choose your benefit or his, whichever is higher. You should contact the social security office to determine your specific benefits. 1-800-772-1213

    2 lawyers agreed with this answer

  7. Can I move $10,000+ from joint account to my personal account without being accused in stealing?

    Answered over 1 year ago.

    1. Rachel Aliza Elovitz
    2. Marcy Ann Millard
    3. Nathaniel Michael Smith
    3 lawyer answers

    Taking money from a joint account would not technically be considered stealing. If you close an account that is holding a majority of the family funds, however, a Judge may not looking kindly on that action. It is better that you consult with an attorney and provide that attorney with a complete picture of your ability to find a job, your husband's salary, your family assets and family debts or expenses. After looking at the entire picture, an attorney will be able to help you formulate a...

    2 lawyers agreed with this answer

  8. Can I file for an abandonment warrant even though I have a court order through CSE ?

    Answered over 1 year ago.

    1. Daniel Ellis Rice
    2. Patrick Lehmon Meriwether
    3. Marcy Ann Millard
    3 lawyer answers

    It can be difficult dealing with Child Support Services, but the answer to your question is yes. You can obtain a warrant. I agree with my colleagues. You may want to start with the DA's office and then see how they recommend you proceed. Each county has different procedures. The DA's office might be a good place to start. If they are not helpful, try the office for the clerk of court for the county in which you reside.

    1 lawyer agreed with this answer

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  9. Can my ex-boyfriend and HIS mother take my child?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Emily Su-Hwa Yu
    3. Marcy Ann Millard
    3 lawyer answers

    He is probably telling you this just to keep you from pursuing child support. If he has not legitimized the baby, he has no rights whatsoever to custody of the child and is the same as any stranger to your son. My colleague is correct. You hold all the cards. Don't pay attention to his baseless threats.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. What parental rights does a man have who isn't listed on the birth certificate?

    Answered over 1 year ago.

    1. Darrell Brinnett Reynolds Sr.
    2. Marcy Ann Millard
    3. Glen Edward Ashman
    3 lawyer answers

    A biological father that was not on the birth certificate can request a birth certificate be changed, change the child's last name and get visitation through a legitimation. A court will generally allow a legitimation unless it is not in the best interest of your son. Generally, courts have found that it is not in the best interest of a child to be legitimated if the father is abusive (or in some other way harmful to the child) or the child is too old so that the father lost his interest to...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful