Elyssa Korman Williams’s Answers

The potential sentence for the charge is 1 to 20 years, but the time can be served on probation or a mix of probation and jail. As far as the public defender goes, certain counties are more strict than others on the guidelines. In some counties, it might help to get quotes from several attorneys (in writing if you can) and if your niece really cannot afford it, she may be able to convince the judge to reconsider appointing an attorney for her. I'm not sure how strict they are in Savannah when...

If you are the one who lost your job, then you can and should file a petition for a modification of child support immediately. You are held responsible for paying the full amount of support until the Judge rules otherwise and the time that it takes between filing your initial petition and getting a judge to give you an order can vary greatly, so you should try to get this started as quickly as you can.

No. This paragraph has nothing to do with a QDRO. QDRO's deal with dividing assets that are held in a retirement plan, most commonly 401(K)'s and pensions.

Sounds to me like you may want a power of attorney rather than a more permanent guardianship. A power of attorney does not require a judge or court and, if written correctly, can allow you to make medical decisions and other decisions for your grandson in the absence of his mom. You may be able to find the forms online. Keep in mind that a power of attorney will not take away the rights of your daughter -- she can reclaim him, and withdraw the power of attorney at any time. If you are not...

It is unlikely, but you should have a knowledgeable divorce attorney review your final divorce decree, including any Agreement that is incorporated into it, and hear all of the facts about how/why the retirement was not mentioned. In some circumstances there may be language in it that would still allow you to go after it.

You may want to call around to several mortgage providers and find out whether you can qualify by yourself for a refinance in order to remove your wife's name from the mortgage. If not, then you will probably need to sell the home in order to get your wife's name off of the mortgage without hurting the credit rating of either of you. Although this is a fairly common divorce situation, it is always a sticky one and can easily become complicated. I suggest that you hire legal counsel to assist you.

You should consult with a family law attorney to find out if the terms of the uncontested divorce would be in your best interest. Georgia is not a "community property" state, but you are entitled to an "equitable" share of all marital property. In your case, since your husband owned the house prior to your marriage, it is likely that some of the house would be considered your husband's separate property, but a portion of the house would also be considered marital property. You should get an...

In order to find out the legality of her case in Washington, you will need to consult with an attorney who practices in Washington. Most states have some type of residency requirement before a Plaintiff can file a divorce action. Georgia, for example, requires that a person be a resident here for 6 months. If she does not meet the residency requirements in Washington, then you probably will want to file your own action for divorce here in Georgia before she does meet the Washington...

Your son needs to consult with an attorney right away. There is a lot more details that an attorney would need to know about your son's case before being able to give you an answer to your question. It sounds like your son may very well have grounds to further limit your daughter-in-law's visitation rights with the child(ren), but this is a complex situation that your son should not handle without an experienced attorney's help.

I agree with the other attorneys that you should definitely get an attorney to represent you to seek a modification of custody. There is much more to a case like this than just filing papers. In the eyes of the law, whether you are a mother or a father should not matter. Right now, the mother of your children has greater custody rights than you only because there is a court or der saying so. Courts are generally hesitatant to interrupt the stability of a child's living situation unless...