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Stephen M. Worrall's Answers
- 58 Legal Answers
- 22 Legal Guides
3
Attorney answers:
I fear my ex may be planning to move out of state with out children
If your agreement and order were in Georgia, most agreements and orders follow a statutory provision requiring a parent moving with a child to notify the other parent at least 30 days in advance of the move with the new address. If she has provided you with a date and the new information, you should consider filing a modification action right away to get the benefit of the standing order which could be issued when you file the case, preventing her from moving absent court approval. If she...
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1
Attorney answers:
Will the judge accept a character reference letter in a custody modification case if the letter contains 2 pages of accusations
In a Georgia custody case, there are usually 2 potential hearings. One is a temporary hearing (or rule nisi hearing) held early in the case. The other is a final trial. In a temporary hearing, the Uniform Superior Court Rules limit the presentation of evidence to 1 witness in person in court per side, plus the parties to the case. All other evidence must come in through deposition or affidavits. The purpose of this rule is to speed up the presentation of temporary hearings in family law cases....
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5
Attorney answers:
I have been married for 30 years and I want a divorce. I am disabled and would need alimony to survive. How do I figure out
I am a Marietta and Cobb County divorce attorney and alimony lawyer. Your question raises issues of the duration and amount of alimony awarded in divorce cases in Georgia. Alimony is Georgia is based on the needs of one spouse and the ability of the other spouse to pay. There are a list of factors in the law which the court must use in determining whether to award alimony, how much and how long: (1) The standard of living established during the marriage; (2) The duration of the...
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2
Attorney answers:
I want to file a uncontested divorce
You can certainly file for divorce in Georgia (assuming you have been a resident for over 6 months) on the ground that the marriage is irretrievably broken. (the no-fault ground). However, for the case to be "uncontested, there must be a written settlement agreement resolving all issues, like the division of stuff and dents you have mentioned. I do suggest you consult with a lawyer on this, but the issues in your case may be simple enough for you to handle. Again, I am assuming your husband...
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4
Attorney answers:
My friend wants me and my husband to have her baby . What is the process ? He is due in Jan. What do i need to due?
I would urge you to speak with a Georgia adoption attorney right away so you will know exactly what to do and what NOT to do to comply with the law. This would be a private adoption and there are legal requirements that must be followed very carefully. My biggest concern for you is that you make sure you do not violate the laws on unlawful inducements: Under Georgia law, it is illegal for any person to directly or indirectly hold out inducements to parents to part with their children. "...
1 lawyer agreed with this answer
3
Attorney answers:
I am considering divorce. My husband and I have been married for 12 years and we have 2 children. We both work. I make about
I would also had to the conversation following the prior responses a suggestion that you consider collaborative divorce as an alternative to litigation. Collaborative practice is new option for divorcing couples to resolve disputes respectfully and equitably without going to court. The goal of collaborative practice is to help divorcing and separating couples to focus on their most important goals, especially children, throughout the divorce process. The end result is a more efficient,...
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2
Attorney answers:
Unmarried 17 year olds with child
Unless the father has filed a court case and obtained a court order legitimating his relationship with the child and dealing with issue such as child custody, visitation, and child support, he has no present rights to the child, except what your daughter allows him to have. I would suggest that you get the input of a mental health professional, but most I know would not feel that 2 weeks away from his mother and his normal daily environment is not in the best interest of a 3 month old baby....
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2
Attorney answers:
Where would I obtain the proper forms for filing for adoption?
If your county does not have forms online or available in their law library (and since I am in Marietta and familiar with the courts in the county where you live, I know they probably do not), you might check with Cobb and Fulton Counties. Fulton County's information is here: http://famdiv.fultoncourt.org/index.php?option=com_content&task=view&id=16&Itemid=29 Cobb's is here: http://lawlibrary.cobbcountyga.gov/liability.htm Cobb also has some links to other area law libraries here:...
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1
Attorney answers:
Can you appeal a child custody ruling and if so can you do so in front of a different judge and using the same evidence?
An appeal is not filed in the same court which issued the ruling. It is field in the appropriate appellate court; in Georgia that would be the Court of Appeals or the Supreme Court. Which court is determined by the courts' jurisdictional laws and rules and the type of case that you are appealing. To appeal, you must generally show the trial court committed error. If there is any evidence to support the ruling, it will usually be upheld. Your question sounds more like you are asking for a...
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1
Attorney answers:
What if I have children in different states that I pay child support for, how can the percentages of withholdings to my gross
There are limits under Georgia and federal law as to how much that can be withheld. You need to review the case with an Atlanta area child support attorney to see if that amount is being exceeded. As a practical solution, though, you also need to investigate whether you are entitled to a modification of the child support in the various states. http://www.gafamilylawblog.com/child_support/
1 person marked this answer as helpful