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Patrick Lehmon Meriwether
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Patrick Meriwether’s Answers

143 total


  • Is he able to not allow her to go on a school field trip when it does not fall on his week?

    My ex an I have joint legal physical custody with him having primary. Children are with me a week then him a week. Father has final major decision making. Our daughter who is almost 10 was chosen by the school to go to Atlanta and sing with the ...

    Patrick’s Answer

    I understand the delimma and no one wants to disappoint their child. Under these circumstances, however, I would not risk a contempt of court action. I would suggest going to the school and asking them (or her teacher who choose her) to reach out to her father to see if they could convince him his daughter would be safe.

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  • I amgoing thru a divorce have not srarted process yet but. Am afraid my extreme anxiety and depression may affect

    Rights to see my kids due to condition and attemted suicide in feb 2015 also several yeatd ago i was i wad in a single car accident with Youngedt child at 3am which resulted in dui for seizure meds now alcohol invoved

    Patrick’s Answer

    In addition to Mr Birchmore's answer, I would also strongly suggest seeking out a good counselor to help you through this process. Many people are afraid to use one because they think it will be used against them, but usually the opposite is true.

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  • Our there grandparents right in georgia?

    our grandchildren live with their mother, we would have them every weekend from birth, but when things don't go her way she keeps them from the whole family. she is verbally and physically abusive.

    Patrick’s Answer

    Georgia does have a Grandparent visitation statute, but there are certain limits to it. Georgia law recognizes that it is extremely important for children to not only have a relationship with both parents, but to maintain a healthy relationship with their grandparents as well. See O.C.G.A. § 19-7-3 (c)(3). Due to this recognition, Georgia law allows grandparents to seek and establish a legally enforceable visitation arrangement with their grandchild or grandchildren in certain circumstances. According to O.C.G.A. § 19-7-3, a grandparent may either file an original action for visitation or intervene in an ongoing action that determines the custody of their grandchild (such as an adoption, divorce, or modification action) and ask the Court to grant him or her the right to reasonable visitation with their grandchild. If, however, the child is still residing with both parents who are still married, a grandparent cannot file a grandparent visitation action against the married parents.

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  • Does the child have to go home? can child support be given to the child?

    she has been abused physically and mentally and does not want to go back to those conditions, she is still going to school and working. she has what she needs with me and her father, my brother is still paying child support to the mother.

    Patrick’s Answer

    If there is an existing custody order, it sounds like it is time to modify it. I would strongly recommend at least a consultation with a local domestic lawyer.

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  • Is there a possibility that a judge may order marriage counseling if requested by a party in a divorce case?

    Basically my wife is wanting a divorce but hasn't made any attempt to start the process. I've moved out per her request about 8 months ago. The first 5 months was deemed a "working on us" phase. After overhearing a conversation catalyzed by a miss...

    Patrick’s Answer

    No. It only takes one to get a divorce and I have never seen a Judge order marriage counseling. Sorry.

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  • Legitimation

    My ex served me with legitimation paper... Do I have to show up to court!

    Patrick’s Answer

    Yes. Most of these actions also include a request for a Parenting Plan Order, which sets forth each parent's parenting times with the child. If you do not show, he could ask for primary physical custody and you will not be there to explain to the Court why that would be a bad idea. It is in your best interests to consult with an experienced child custody lawyer about your situation. Even if you cannot afford to retain a lawyer on a primary basis, you should at least consult with a lawyer on an as needed basis so you know what is going on and do not make a mistake in the litigation process.

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  • If my husband doesn't show up for the rescheduled 30 day stasis conference will I be granted my divorce?

    I had the 60 day static conference today February 25, 2014 and for the 2nd time he was a no show. we have 2 minor kids together. what are my legal rights if he is a no show at the next meeting ?

    Patrick’s Answer

    Possibly, but you have to be prepared. You have to have completed the parenting seminar, filed your Domestic Relations Financial Affidavit and Child Support Worksheets, and come to Court with a proposed Parenting Plan and proposed Final Order that sets out the relief you are looking for. I would strongly urge you to at least consult with a lawyer on this to make sure you have what you need for the Court to grant you a divorce if he does not show up. .

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  • My ex spouse was found in contempt... what happens next?

    The judge has found my ex spouse in contempt. She is ordered to reimburse me for travel expenses and cost. She has 30 days to reimburse me. If she does not reimburse me, which it looks like she will not do, what do I do next? Do I have to file her...

    Patrick’s Answer

    I am assuming that the Judge did not include a date for a compliance hearing. If he/she did, then you would report to the compliance hearing and report to the Court as to whether you wife complied. If not and you are not reimbursed within 30 days, request a Rule Nisi on your last Motion for Contempt and go in front of the Court and explain that she did not comply with the order. They may make you file a new Motion for Contempt, but hopefully not.
    The Court cannot change custody in a contempt action, but, you could pick up your children temporarily while she is in jail for the contempt. The Court could modify, on a temporary basis, your visitation in a contempt and have the kids with you the majority of the time until she gets out of jail.

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  • My husband owes IRS $50,000. When we filed our taxes, we filed SEPARATELY. Are we both responsible or just him???

    We are divorcing and selling the home. There is a tax lien on property. We are splitting proceeds of sale; will IRS take their money "off the top" OR from his 1/2 of proceeds? In other words, am I on the hook for his tax debt? Again, we file...

    Patrick’s Answer

    This is a difficult question, partly because I have seen the IRS really push the line on these issues. With a lien in place, my understanding is that they will take the entire amount 'off the top' if you have an equal, undivided interest in the property (I have seen them do this before). If your divorce decree/ settlement agreement says your husband is 100% responsible for the tax debt, then you can go after him for the $25,000 that was taken out of your share. The bigger issue is whether you have settled your case. If not, any debt accumulated during the course of a marriage is subject to equitable division within the context of the divorce. This would include the tax debt. So, in other words, even if the IRS did not take the entire 50,000 off the top, you could still be responsible for half of that tax debt within the divorce.
    I would strongly recommend you consult with a divorce lawyer and a tax lawyer on these issues. Taxes within the context of a divorce can get complicated, especially if you through in there the 'innocent spouse' defense.

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  • What is the limit for Request for Admission in Georgia?

    This is a modification of custody case in Georgia. I have written Interrogatories but now need to know how many questions I can ask in a Request for Admission.

    Patrick’s Answer

    There is no limit to Requests for Admissions. You want to limit, however, each request for admission to a single issue.

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