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Eric Alvin Ballinger
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Eric Ballinger’s Answers

144 total


  • Child custody 3rd party ?

    My husband is cousin of the boy, 6 years old, we want to adopt. She's in and out of jail for drugs and child neglect. His dad is absent from birth certificate and only occasionally visits his son.. their son has begged for us to take him and we r...

    Eric’s Answer

    Based on the facts, your husband would have standing to petition the court for custody of the child. You would have to show by clear and convincing evidence that it would be in the best interest of the child to be in your custody and not in the custody of both parents. If the father was not married to the mother, the father has no legal standing for custody but would have to be given notice. If neither parent has provided meaningful support or visitation for the child for a year, then it would be possible to petition the court to terminate the parents rights and proceed for an adoption. You should consult with a lawyer.

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  • My husband live in Virginia and I live in Georgia we havent consummated our marriage..I want a divorce how do I do that

    Really would like to run it in the paper so I can get a divorce because we live in different states and have been married for four years and never lived together

    Eric’s Answer

    Were you married in a ceremony by a judge or religious official with a valid marriage license. If so, then you marriage has been consummated under Georgia law. Consumption by cohabitation is only required for a common law marriage which Georgia no longer allows since 1997. You can only have a divorce by publication if the whereabouts of you husband are unknown and you swear to that under oath. You could have an uncontested divorce if you agree on all the issues. Speak to a lawyer.

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  • How do I get a driving permit for work.

    I have 3 active suspensions here in Ga.for marijuana convictions non vehicle related. What do I have to do to get a limited driving permit to be able to drive to work?

    Eric’s Answer

    There is no option for a work related driving permit. You need to consult a lawyer to review what you need to do to get your license reinstated.

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  • Divorce File Contested Divorce w/ Standing Order Order & TPO granted. Permanent TPO hearing next wk. Filed in Fulton County.

    Filed protective order & divorce petition against husband same day w automatic Standing Order (SO). He's failed to comply w ALL requirements of the TPO, not making alimony payments etc. My atty, who I just hired, doesn't appear to understand how t...

    Eric’s Answer

    Talk to your attorney about a motion for contempt of the standing order of the court.

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  • How to deal w my atty for siding w/ husband's claims & allegations in divorce case then letting my TPO hearing get dismissed?

    The day b4 my TPO hearing, my atty informed me in text that he got my husband to consent to 12-mth protective order & told me NOT to appear in court the next day of hearing. Judge dismissed case bc all parties were not present. Judge requires all ...

    Eric’s Answer

    Review the grievance information for the State Bar of Georgia at gabar.org

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  • What do I do to transfer permanent custody from my brother to myself?

    My brother got permanant custody of my 3yr old daughter after dhr threatened to terminate rights and adopt after isp goals weren't met in time.so to avoid her being adopted and gone forever my brother came from Georgia to Alabama where we live pet...

    Eric’s Answer

    To change custody requires a court order. If the child has been living in the state of Alabama for the last six months in the custody of your brother, then the matter will have to be filed in a court in Alabama. As for the legal guardianship, if there were any proceedings for letters of guardianship, they will have to be revoked in the court that issued the letters of guardianship. I recommend that you consult an attorney in Alabama.

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  • If I'm divorced and my divorce states I don't have to pay child support do I still and both parent aren't supposed to but II was

    I carried health care on my daughter and in our divorce it states neither one of us was suppose to pay child support but they only took support out on me when I moved to another state

    Eric’s Answer

    Child-support is always subject to modification if there is a substantial change in income and financial circumstances for either parent or if there is a change in the parenting time from what was originally ordered. The child-support addendum, even in a situation where there is zero child-support paid, should designate who is to carry health insurance and how uncovered expenses are to be divided. Please consult an attorney

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  • Primary Custory and Decision Making

    My Ex-Husband and I are recently divorced I was awarded physical custody and we have joint legal. Each time my son returns from being with his father he is very aggressive and using bad language, that a 3 year old should not use. My ex was abusive...

    Eric’s Answer

    Wall joint legal custody requires parents to communicate with each other on the major decisions, it is not a requirement to communicate each time that a child sneezes. It is not uncommon for children to react badly or have difficult transitions between the parents for parenting time. If your child is only three, I might recommend engaging him in some sort of place therapy to cope with the transitions and help him identify what kind of behaviors are acceptable. If the problems continue to get worse, consult a lawyer. As for the issue of child support, consult and attorney.

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