Patrick Lehmon Meriwether's Answers

Contempt hearing for not refinancing a car????

To follow up on the previous good answer, I would add the following. If she is represented by counsel, call him or her and ask them for the basis of the claim that you have violated the divorce agreement. If they cannot provide you the exact provision you are in contempt of (and you are sure you are not violating any provision), you can mention that, to the extent you have to hire legal counsel, you will seek attorney's fees for frivolous litigation. If she filed this herself and there is...

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Uncontested Divorce, but can not local spouse

To answer your first question, your divorce would only be uncontested if the two of you have settled all issues. Without both parties in agreement, it is not uncontested. In regard to the second queston, it has been my experience in Georgia that Judges will not grant a divorce by publication where children were born during the marriage. Even when publication is granted, the only thing the court can rule on is granting you a divorce. The issue of custody and support cannot be determined...

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Can I take out a warrant for kidnapping if my husband won't allow me to see our son, and has changed his phone number?

The following is to provide a little additional information to the previous good answers. In most counties, you must must request a temporary hearing, because the Court will not set it automatically (Fulton County does set status conferences). If you cannot get assistance from your local legal aid quickly, you can find a great deal of information online. For instance, if your case is in DeKalb County, their web site, http://web.co.dekalb.ga.us/superior/index.html, has the forms you will need...

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What form do we file to get a hearing and order?

You will most likely need a "Rule Nisi" to set a hearing date. If you google Rule Nisi in Georgia you should find some sample forms on the web if your Clerk's office does not have one. I think the Fulton County and Gwinnett County websites may have this form as well. In some counties, if you take the Rule Nisi to the Clerk's office, they will set the Court date. In others, you have to mail the Rule Nisi to the Judge with a cover letter asking for a court date and explaining that it is an...

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Son doesn't want to go to fathers house

I agree with the previous posting. In situations such as these, you need to hire an attorney, or at least consult with one. Have the case set down on the next available hearing calendar and request a Guardian ad Litem.

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My wife divorced me without my knowledge. we been in this house over trn years.weve never been separated. i am shocked.

This Answer is assuming that she actually received a Final Divorce Decree. In order to obtain a divorce, the Defendant, which in this case would be you, has to have been served by a process server or a sheriff's deputy with the Petition/Complaint for Divorce. If you were served with this and never filed an Answer, then you may not be able to contest the case. If she served you with what is called "Publication" (meaning it was published in the newspaper), you may be able to have the Divorce...

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22 yr old male who isn't married to the mother and has a 4 yr old and they live in Spokane WA., he wants to move to Ga

In Georgia, if a child is born out of wedlock, the father has no legal rights concerning the child until he obtains a Court Order stating that he is the Legitimate father of the child. In your situation, you will most likely have to file for legitimation in Washington, where the child has resided for the last six months. I would recommend you contact an attorney Spokane, WA to discuss the particulars of your situation.

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How can I get sole custody of my child back from a third party?

Your question, while long, does not provide an attorney with enough information to answer your question. I would suggest scheduling a consultation with another attorney immediately if there are potential deadlines looming. Bring with you to the meeting as many documents relating to the case that you can gather, including every document filed in the Court or given to the Judge at the hearing. Be prepared to give the lawyer you meet a concise timeline of events so you can make the most...

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My friend passed away and she had temporary custody of her great nephew. I now have custody, can nephew receive her SSbenefits?

I agree with the previous answer. I would contact the Social Security office regarding potential benefits. Based on my limited knowledge of these benefits, however, I think the answer is no because she did not adopt the Nephew. Do not rely on this assumption. Definitely contact the Social Security Administration. http://www.socialsecurity.gov/pgm/survivors.htm

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Custody paperwork reads "parties can agree" on visitation schedule. I have joint legal custody in Cobb Co, Georgia

I agree with Mr. Rockefeller's Answer. At a minimum, schedule a paid consultation with a child custody attorney who practices in the County where the mother lives. Prepare a concise timeline of events that have occurred since the last custody order was entered, along with a detailed list of questions for the attorney. You will need to be prepared to answer why you did not see custody in 2009 when the mother tested positive for illicit drugs.

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