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Angela Mary Kinley
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Angela Kinley’s Answers

321 total


  • What steps do I need to take to change my sons last name ?

    i have a 6yr old son. I do not know who his father is and there is not one listed on his birth certificate. I recently got married and will be changing my name. When doing this I would also like to change my sons name to match ours. But am not sur...

    Angela’s Answer

    There are two ways to change his name. First would be to file a petition for a name change of a minor. You would have to publish notice on an unknown/unnamed putative father. It is pointless, however required by Georgia law. The other option would be to have your husband adopt the child and do the name change as part of the adoption. You would still publish notice on unknown/unnamed putative fathers but then your son would have a legal father! Neither of these options will be done in time for school though, as they each require publication which will take you past the start date of school.

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  • Can a divorce attorney refuse to send me a revised settlement agreement to review because I don't have council?

    The divorce attorney for my spouse is insisting I drive to his office to review an almost 50 page revised settlement agreement. He said he would give me one hour to review and sign in front of him and if I refuse my spouse will no longer respect ...

    Angela’s Answer

    It sounds a little strange to me. It is easy enough to scan and email a document to an opposing party. You may want to consider hiring an attorney just to review the settlement agreement before you sign it to ensure nothing has been added or is included that could be detrimental to you. Most attorney's will charge an hourly fee to review the agreement which shouldn't be more than a few hundred dollars.

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  • I was arrested after a co-worker lied to police to get me arrested

    verbal altercation with another employee in which I used some profanity. the other party in a written statement to management stated that there was no physical contact (and there were no signs of any) roughly a week later she told police that a p...

    Angela’s Answer

    You need to hire an experienced criminal defense attorney immediately. Your attorney may be able to meet with the prosecutor before the case is actually accused and show them the document in an effort to keep you from being formally charged. If the case is dismissed prior to accusation, it is much easier to have the arrest removed from your record. I would call an attorney today!

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  • What type of attorney do I need?

    I was charged with a crime in 2012 (disposed of this year) after paying the victim the charges were dismissed. Now a law firm has contacted me regarding damages. What type of attorney can help me with this I.e. criminal defense, civil, etc??

    Angela’s Answer

    If the law firm is seeking damages after a shoplifting or theft offense, it is just an attempt to scare you into paying. I have seen hundreds of these letters through my clients and not once have I seen any follow-up from the law firm. Most of the law firms are out-of-state and have no plans to come to Georgia to actually sue you. An attorney can draft a letter to them regarding their meritless threats for a minimal fee. I would suggest getting a free consultation to discuss your case in more detail.

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  • Failed to attend arraignment, bench warrant was issued. However, the case was dead docketed after 6 months. What does this mean?

    Failed to attend arraingment. A bench warrant was issued and bond was forfeited. However, after 6 months, the case was dead docketed. What should one take out of it?

    Angela’s Answer

    If there is an active bench warrant, you could be arrested on the warrant. I would suggest hiring an attorney to file a motion to recall or set aside the bench warrant to ensure nothing ever comes of it. You don't want to be going through customs and get detained on an old warrant.

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  • Can my husband quite his job before we go to court to avoid having to pay me anything?

    I filed for divorce a year ago. My husband and I have been married for 7 years. My husband has been the primary provider in our entire relationship because I have been in school for most of it. I found out he cheated, he left and took everything w...

    Angela’s Answer

    If your husband voluntarily quit his job, the Court will likely impute his income to him and order him to pay whatever he would have been required to pay if he still had the job. Judges do not look favorably on people to leave employment to avoid having to pay child support or alimony. As for marital debt, the court will equitably divide the debt between the parties. Attorney's fees will be based on the facts of the case, including the allegations of adultery and abandonment. If you don't have an attorney, you need to hire one ASAP to ensure that the debt is divided equitably, which does not necessarily mean 50/50.

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  • Paternity issue for in-wedlock but different biological father.

    Gave birth to a child while legally married (separated but not legally). The legal husband is not the biological father. How do I go about getting the biological father to be the legal father and legitimate the child? I would like to obtain child ...

    Angela’s Answer

    It sounds like you have two separate legal issues. I would suggest that you file for divorce so that your husband can terminate his legal rights to the child. Since the child was born during the marriage, there is a presumption that he is the legal father of the child. Accordingly, in the divorce, he would need to surrender any rights he might have by operation of law. As for the child support case, you will need to file a petition to establish paternity against the biological father. The Court will order a DNA test to confirm paternity and then child support can be established. The biological father could file a counterclaim for legitimation, which would make him the legal father and possibly give him parenting time with the child, if he seeks any. I would hire an attorney ASAP to ensure all these issues are handled correctly because if they are not, you could have an even worse situation on your hands down the road.

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  • We have required supervised visitation 10 years into custody agreement with no substantiated accusations, do we have a case?

    10 years ago my husbands ex-wife and her family accused him of molesting their 2 yo daughter. Emotional and physical exams proved inconclusive . Broke and overwhelmed after paying for consult on these criminal charges, my husband signed a very res...

    Angela’s Answer

    Your husband may want to consider filing a petition for modification. It seems there would be plenty of changed circumstances that would justify a much less restrictive parenting plan that would be age-appropriate for the child. Your husband needs to seek legal representation though as it sounds like he has an uphill battle with this woman.

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  • 1. What if my partner, who is on a no-contact order (bond condition) stops paying the bills and/or supporting our son and me?

    Are there legal ramifications? He was arrested on charges of simple battery and is scheduled for a criminal hearing in October. If I want to have the no-contact order reduced to no-violent-contact, would that give him the right to be living in our...

    Angela’s Answer

    You may want to consult with a defense attorney and consider retaining one to assist you with modifying the bond conditions. If he has an attorney, you could try speaking with that person. If the bond condition is modified to no violent contact, he can return to your home.

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  • I found out last year I may have a son I was never told about. What do I do so I can have rights to see him?

    I was contacted Via fb last year I saved the messages. Stating I have a son he is now 17. He & I both want a relationship. I am married & have a family we all want a relationship with him. His mother won't allow this. She does not want to go to co...

    Angela’s Answer

    You need to file a petition for legitimation immediately. The legitimation case can establish your rights as a legal father as well as establish visitation. You will want to hire an experienced local attorney to assist you with this case as there will be several issues that need to be properly addressed to ensure the outcome of the case is what you are looking for.

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