My sister is the victim of physical and emotional spousal abuse throughout a 15 year marriage. They have 2 girls age 7 and 10. She started drinking alcohol. Her husband told her if she would go to a 3 month rehab, everything would be ok.She is cla...
The legal parents always have superior custody rights to all others unless it seems like neither one can handle it. You didn't say how long ago the abuse happened, or whether it was continuing or an isolated incident, and that would all be relevant information. Whether your sister will be awarded custody depends on her, to a large extent. If she can get herself together by committing to rehab and staying away from alcohol completely, go get a job, and show that's stable, she probably has a good shot. She's going to need a lawyer, though. This is not the kind of case that goes well for an unrepresented person.See question
Does final order date mean its final, or still waiting 30 days for the judges signature?
"Final Disposition Date" is the date the judge finished handling your case. "Final Order" is the name of the last pleading filed which said what happened. That was either dated (or filed) on 3/6/13 (probably both -- orders are usually filed the same day they are filed, but not always. Appealed date is blank because you haven't appealed yet (or if you have, the court doesn't know you are appealing.)See question
My Ex is not paying the child support that he is supposed to be paying. My son was take out of TN to WA by my Ex and left there with my parents until I moved back to WA after getting out of the military. My ex also has an open CPS investigation ag...
Short answer: no, unless there's something in the parenting plan that says that the whole thing becomes void if you move -- and it's hard to imagine that being the case.See question
No, the only way you will get a different judge is if (a) your assigned judge is out that day, so someone else is filling in for him; or (b) there's a legal reason to move for the judge to recuse himself. The fact that you don't like how much slack he cuts your ex/how he is handling your case would not be enough to get him recused. Judges *do* remember parties though, so eventually he will see through your ex's excuses.See question
I didnt find out that my sons' father was married until 5 days before i had him. I really need to know what rights does he have at this time. I would also like to know if i can file for sole custody with visitation to him. At this time my son is 1...
Because your son's father has not legitimated the child and was not born to you, by operation of law, you are the child's only legal parent and have sole custody. You don't need to do anything at all. The father is obligated to pay child support, and you should faithfully follow up with Child Support Services at any time he stops paying.
He has zero visitation rights whatsoever, so he is not entitled to see your son at all unless you allow it. It sounds like the problem though is that you WANT him to have a relationship with his son, and he really wants to pretend the whole thing never happened (understandable if he's married). You might want to redirect your efforts toward making sure that your son has positive male role models around and other family members around to care for and support him.
I went to mediation with my child's mother and we agreed on a consent agreement that involves; legitimation, custody, visitation, and child support (insurance). I then went to Superior Court for a uncontested hearing and the Judge wrote a new fina...
How strange! You need to buy 1 hour of time from a family law attorney and ask them to read the consent agreement, the final order, and all documents received from child support services, and then help you. Many attorneys in the metro Atlanta area will do this.
legal custody of my Niece. and I receive a check from her each month., I am assuming this has a lot to do with why I am getting this form in the mail. Can you please describe what this is for and how this will affects my taxes?
You have a tax question, not a custody question, so I've changed your practice area so that tax attorneys will see it. You should talk to a CPA though. This is more of an accounting question than a legal question. Many tax attorneys are also CPAs or financial advisors.See question
to include a request for a change in visitation schedule. How do I do that? Is there a specific form or do I just submit in writing a form titled Amended petition for contempt? Please help, I cannot afford a lawyer so I am trying to do this on my ...
Georgia is a notice pleading state, so you just need to be clear about what you want. At the end of pleadings, just above your signature, you list what you want the court to do -- these are called the "prayers for relief." It sounds like maybe you left this out. This is the section that follows: 'WHEREFORE, THE PLAINTIFF PRAYS..."
The Clayton County law library has some online forms to get you started, but they are only the barest of requirements for a very, very simple case. I've posted the link below for you to look at them.
Father has been to prison and is currently back in jail. Never received even a penny in child support. I'm thinking that child support for the Last 17 years could be very beneficial for college. Any hope of that happening or should I just not eve...
Georgia does not award back child support where there was no court order, so you could file now if you wanted to, but it would only be in effect until your son turned 18. Hard to imagine it would be worth the time and emotional distress.
we live in a house his parents own. He earns a good income. Will I get alimony?
There are two ways to look at this: (1) Will a judge award you alimony?, and (2) Will your husband likely pay you alimony in a settlement?
As to whether a judge will award it, that's a difficult question. O.C.G.A. 19-6-1(c) says, "In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other."
What this means is that alimony is based on whether you need it, and he can afford to pay it, and how you treat each other matters. Spouses who continued to work who were in short marriages do not *usually* get alimony, but that doesn't mean you could not. A judge CANNOT give you alimony if you committed adultery during the marriage.
All of that said, however -- more than 90% of cases are settled, which means that both parties reach an agreement where they, and not a judge, decide what happens. If your husband is the one who wants the divorce and he can afford to pay alimony, he may be willing to pay it if you make that part of your negotiation terms.
You need a family law attorney to help you with this.