Eric Alvin Ballinger's Answers

What states do not allow deadbeat parent to file for custody when he/she owes past due child support?

While Georgia does not have any legislation that prevents a parent that is in arrears on child support, in my experience a judge will not give serious consideration to a parent who is asking for custody but does not pay child support. Raising children is a tough job and if that parent will not provide for the child financially then they cannot prove that they can take care of the child physically.

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A fathers rights?

At this time, your "ex" is what is called a putitive father. While he has an obligation to support his child, he has no stadning to ask for rights of custody or visitation of the child until he take the steps to legitmate the child. He would have to petition a court to grant him legitmation. From there, a court can also grant him visitation or even custody of the child if it were appropriate. Until such time as a court grants him visitation, he has no right to see the child. The fahter...

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When does my license suspension begin?

If the officer served you with notice of an adminstrative license suspension, your suspension begins thirty days from the date of your arrest. If you requested a hearing on the administrative license suspension and paid the $150.00 fee, then your license remains in effect until you receive notice of the decision of the administrative law judge on your case. If you were not given an administrative licesne suspension notice, then your licese will remain in effect until such time as you are...

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My friend and three other individuals were charged with burglary, entering an abandoned factory but taking cooper from only

These accused need to be represented by a lawyer and petition for bond. Bond is a constitutional right and cannot be denied without good cause shown. Until that time, they need to exercise their right to remain silent. A lawyer can also address possible Eighth Amendment issues regarding cruel and unusual punishment, especially at the pre-trial detention stage.

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Spanking children

Under Georgia law, parents are still permitted to use corporal punishment to discipline children. Without reading the specific language of your Parenting Plan, parents are generally permitted to use lawful means to maintain discipline during their respective parenting time. Of course, if you parenting plan provides other specific guidance, you would need to follow the terms of the plan as it has the effect of a Court order. While corporal punishment may be permitted under the law, experts...

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Is $155.00 considered effective child support for 6 kids in Ga? Likelihood of him getting custody after leaving for 3rd time?

One hundred and fifty five dollars hardly seems reasonable for child support. Child support is based on an come sharing model and is dependent the income of both parents as well as other exposes that parent may be paying for the minor children. Child Support and Child Custody are not related issues and are not dependent on each other. You should contact a lawyer to discuss you case as soon as possible.

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What are the consequences if the wife refuses a court order paternity test in Georgia divorce case ?

The consequences are the same as if anyone failed to comply with any legally obtained court order. If the wife refuses to comply with the order for paternity testing, she could be found in contempt of court and ordered to go to jail if she fails to comply. If your attorney has been charged with drafting the order for paternity, the order should include provisions that the the wife how many days she has to provide the samples required for the testing so there is no room for interpretation.

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He was sentence on a trafficking charge for 23 pds. of marijuna, he was order to serve 10 yrs. serve 4yrs and do 6yrs on

While trafficking is a serious drug charge, drug charges are classified at the low end of the parole spectrum. The fact of the matter is that the State of Georgia cannot afford to incarcerate all those who are sentenced and the parole board is under a mandate to get out f the prisons certain non-violent offenders who have demonstrated that they can be rehabilitated in the community.

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Rape victim has warrants for her arrest. Attacker used a gun, and said he has AIDS. What to do?

Your friend needs to go to the hospital, report her attack and get help as soon as possible. Every moment that passes by, valuable evidence of her attack is degrading. Also, a delay between the time of the attack and the time of reporting the crime decreases the chances that law enforcement and prosecutors will act on the report. While your friend does need an attorney for her own pending criminal charges although law enfocement will be more concerned about her being raped that her drug...

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How long does it take?

It depends. In many of the circuits in North Georgia the judges and prosecutors are circuit riders, traveling between several counties. Also in negotiating with prosecutors, persistence is what pays off. After a week, the lawyer should be able to give you an update on the progress.

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