Wayne Darrin Keaton's Answers

What is the legal age for kids to stay on their own at home in GA?

Having been involved in domestic practice for some time, this sounds more like this ex-husband wants to harass and control his ex-wife and not worry about the safety of the children. Normally 12 and 9 years old are perfectly appropriate ages to be left at home during the day for a 90 minute supermarket trip. Of course, each case is different; if these children are problem kids, have severe special needs or there have been problems in the past, then a certain amount of parental discretion is...

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Who may attend the 30 day conference for legitimization?

If you appropriately executed the acknowledgment of legitimation at the hospital on a form that complies with O.C.G.A. § 19-7-21.1, then the child is already legitimated to the father. An additional action for legitimation is not necessary. However, with a legitimation action pending, issues involving custody and visitation are now allowed to be dealt with in the same action. Normally only parties and attorneys are allowed in judical conferences.

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What do i have to do to get custody of my little sister? What are the rights for a 14 yr old?

It is not impossible for that to happen, but it can be complicated. In Georgia, a third party individual can get custody of a child through a deprivation placement ( which usually requires DFCS action) or by a Superior Court action. In Superior Court, you would have to show that both parents are unfit if either or both object. A placement through a Juvenile Court deprivation action is only temporary until the parents show they are able to regain custody. Of course I am assuming you are an...

How can my 19 yr old son subpoena his ex girlfriend for a DNA test for their son?

In order to require an unwilling person to submit to a DNA test to determine the paternity of a child, there needs to be some sort of legal action pending. A paternity action filed by the mother, or a legitimation action filed by a putative father (like your son). In your son's case, he could file a legitimation action against the mother seeking to have the Superior Court declare him to be the legal father. The mother would be required to file an answer within 30 days after being served....

Can one parent obtain a passport for a minor without the other's consent if they have jont legal custody?

Generally, you are not allowed to get the passport for a minor if you only have joint legal custody UNLESS you have the verified permission of the other joint legal custodian. This is not a Georgia law issue (unless it is part of your divorce decree), but a US Immigration and Customs Enforcement issue. If one parent has "sole" legal custody of a child, then that parent will probably be allowed to obtain a passport I would contact the appropriate immigration department and notify them a...

Acused of rape in 02, rejected by GJ. 09 chrgd smpl btry & btry, 7apprncs/dead doc.. Wtg plea on btry. NG. Cn I expng 1st 2now

It's difficult to completely comprehend your situation, but it appears you are asking for an expungement of your criminal arrest record. Expungement is available under limited circumstances, but can be accomplished. OCGA 35-3-37 is the relevant code section for expungement. Generally, you can get an arrest record expunged if: You were arrested for an offense that was never passed on to the appropriate prosecuting attorney for prosecution or after it was referred to the proper...

TB Test when incarcerated

You have a right to communicate with an attorney even while you are in jail. You cannot be denied access to the phone, and your attorney cannot be denied access to you while in jail. However the jail has a keen interest in making sure their occupants do not carry contagious diseases. I'm sure you can imagine the chaos that would occur if someone with a disease like TB was walking around in general population at the jail.

How can I get the father of my son to take a Dna test when he keeps backing out.

The easiest way to force him to obtain a paternity test is to file a paternity action against him. An action filed against him would seek child support until the child is 18 or has graduated high school (whichever is later). In some circumstances, you can ask for back child support for childbirth costs. Yes you should get an attorney and yes he will be required to take a paternity test...because he will have to answer your paternity petition with and admission or denial. If he denies,...

Do I need an attorney to reduce support after a child reaches 18?

You absolutely need to have the final decree modified to reflect the change in circumstances that will modify your child support obligation. Do not try to just have an agreement put in place without judicial endorsement or you run the risk of getting killed on an arrearage if things go south between you and your ex. Only the court can modify child support. If he doesn't want to get an attorney, then that is his choice. But he isn't on the hook for the support, you are. You would be well...

How do I terminate the non custodial parent's parental rights?

In Georgia, it is well established that terminating parental rights in a private action should only be in connection with an adoption (like a step-parent adoption) which would be filed in Superior Court. One of the main reasons is that often a surrender of rights is used as a way to get out of paying child support, which is against public policy. The Department of Family and Children Services (DFCS) has the ability to petition for a termination of parental rights without a pending adoption...