-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Mitchell Lawrence Freehauf's Answers
- 13 Legal Answers
- 0 Legal Guides
2
Attorney answers:
How old legally can you move out? And how old can you get married without approval?
And I apologize for my typos in the previous post. I'm not sure what happened, but I am unable to find an edit feature on this site to correct them.
2
Attorney answers:
How old legally can you move out? And how old can you get married without approval?
In Georgia, "emancipation" is eligible for a minor who is at least sixteen but not more than eighteen if by "move out" you mean emancipation from your parents/guardian you mean a termination of their rights to custody, control, services, and earnings of yours. It happens when a minor gets married VALIDLY, when you're in the armed forces, by court order, or turn 18. There are specific things you must plead in a Petition for Emancipation. You will want to look at OCGA 15-11-202. As...
2
Attorney answers:
Do I have to put my husband's name on my baby's BC, and can I give the baby my maiden name?
Also... the statutes of Georgia, specifically, Official Code of Georgia Annotated, Section 31-10-9, state that: (e) The name of the natural father or putative father shall be entered on the certificate of live birth as follows: (1) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction,...
2
Attorney answers:
Do I have to put my husband's name on my baby's BC, and can I give the baby my maiden name?
You may be well served inquiring about this with the Georgia Department of Community Health's vital records department who is in charge of issuing birth certificates. Their contact information is: 2600 Skyland Dr. NE Atlanta, GA 30319 (404) 679-4702 phvitalrecords@ gdph.state.ga.us
2
Attorney answers:
What will the judge order at this point?
Based on your additional information, a new motion for contempt is the most realistic way you are going to see any money based on his seeming refusal to cooperate short of incarceration.
1
Attorney answers:
What is the new Georgia Legislative Law
Georgia has moved to an "income shares" model of calculating child support. The gross monthly income of both parents is totaled and this produces an overall child support obligation. Then other factors, costs, and deviations (if any) are applied to determine each party's appropriate percentage of the overall obligation.
1
Attorney answers:
What exactly constitutes a "change of material circumstances" regarding child custody in a settled divorce case?
Your question did not address if the children live with you or not, but for purposes of this answer I will assume they do. Your getting married should have no effect on the custody unless there is some aspect of your new spouse that would cause a Court concern to have the children living under the same roof as the spouse (an extreme example would be a history of felony convictions for child abuse or molestation). Could your ex bring a suit for modification of custody? Yes, he could file...
1
Attorney answers:
Do I have sole custody if my child's father left if he was one month old and has also ? He has never had a relationship with him
The Official Code of Georgia Section 19-7-1(b)(3) says that parental power can be lost by a parent's failure to provide necessaries for the child or abandonment of the child. If I understood your facts correctly, you were not married at the time of the child's conception or birth and did not subsequently get married. You also seem to indicate he has not seen the child for over four years. Nor does it sound as though you have attempted to establish paternity nor has he filed any type of...
1
Attorney answers:
I was terminated because of what someone else did during a unemployment hearing he testified that I had nothing to do with it
It is the general rule in Georgia that an employee cannot bring an action against his employer for wrongful discharge when he is an at-will employee with no definite and certain contract of employment. It is the employer's prerogative to discharge an at-will employee with or without cause and regardless of motive. A county personnel manual does not constitute an employment contract sufficient to change an employee's at-will status, unless the manual provides that an employee can only be...
1
Attorney answers:
I was terminated from my job without any proof of policy violation. It was my word against someone else. Do I have a case?
The unfortunate answer here is that Georgia is an at-will employment state. This means that an employer may terminate your employment for almost any reason provided that it was not based on a discriminatory basis (and even that aspect can potentially be further limited depending on the size of the employer). Based on the facts you have given in your question, any wrongful termination action brought would potentially face a steep uphill challenge to be successful.