James Michael Money's Answers

Legal father vs biological father?

As a matter of law, your son is the legal father of the twins until a court finds that he is not their legal father. If they are trying to save their marriage while being separated despite her infidelity then he should get her to agree to a dna test to be sure that the children are not his. If he is proceeding with a divorce then he should ask the court to order a dna test, allege adultery, etc. adultery is an automatic stop to alimony and the dna test will allow the court to find that he has...

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Son's 1st DUI

DUI law often requires more work than most armed robbery cases that I have tried. To answer a question like "what are his rights" would take days. Here are the basics: Does their evidence show that he was cold-busted, dead to rights driving under the influence of something that at least made him less safe to drive? If so, then did they get their evidence legally? If the answer to both questions is "yes" then he needs to start working toward working out a plea - either with or without an...

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What can I do if my exhusband has refused for two years to put one of our sons on his insurance and has abandoned him for 5 year

Ms. Eyo and I agree. I do not agree w Ms. McGill. There is a Uniform Child Custody Jurisdiction Enforcement Act that basically says the home state of the children is where they resided the past six months. Regardless of where the father is living, he will be subject to your superior court (assuming you've lived there for more than six months w the children). It sounds like you got divorced in TN and then, recently, he filed some sort of emergency action in PA. You'll need to get a certified...

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Filed my child's name change forms with the court, everything is ready, but do I need to wait 60 days from service on father?

"Consent" to the name change does not equal "service" of the petition despite the fact that the father knew about the petition and had been mailed a copy. It sounds like he would acknowledge service of the petition so you could simply create such a document and mail it to him so he can sign it and have it notarized. Then he could mail the original back to you and then you could file it with the court. This process might knock some weeks off of your 60 day delay but just keep in mind that the...

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Judge ordered both parties to submit proposed findings

An attorney submits a proposed order to a judge favoring that attorney's client - as the attorney should when instructed by the judge to do so. When the court signs that order, the other side doesn't know whether the judge agreed with that order or just forgot that the judge told both sides to submit an order and then the court would compare the two to see which one the court preferred best (or if the court may have said that the court would look at both orders and maybe draft something that...

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What can I do and what are my chances? some friends approach me AND on facebook say they know and seen my child's father sales

Let's start with the fact that you somewhat miss a guy who's trying to have you arrested, doesn't pay child support, and only calls once or twice a month so he can see his daughter for a couple of hours. If you don't care about yourself enough to let go of this type of person then how will you be able to protect your daughter from the poor parenting her father is exhibiting. Either hold him accountable for his conduct (or lack of proper parenting conduct) or continue to cause you and your...

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Child support / Atlanta law

A court will be more concerned with the child support than w your mortgage obligation. I agree that you can get credit for providing a home to your child but the court will not know how long such an arrangement will last and, therefore, may not give you the kind of credit you want bc you are also building equity in your home. The best approach would be to calculate your child support obligation and to include either in your divorce settlement agreement or by separate lease contract the terms of...

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Can my husband's ex ask to include my income to my husbands child support modification?

Although I often agree with Ms. Eyo, I must respectfully disagree with her answer here. OCGA 19-6-15(f) defines "gross income" which includes at (1)(A)(xx): "Alimony or maintenance received from persons other than parties to the proceeding before the court" and (xxi) Assets which are used for the support of the family; and (xxii) [the catch-all phrase] "Other income." Further, under OCGA 19-6-15(f)(2), the legislature could have excluded your spouse's income from the court's consideration but...

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How do I get my mother out of my house? Do I have to formally evict her and what is the minimal amount of days notice?

The legal answer is not always the best answer. First, If you are married and your wife/co-owner of the residence says she can stay then she can stay. Second, some would argue that after eleven years you at least have a tenancy at will that requires some sort of legal action (like an eviction). Third, you are considering evicting your own mother, your children's grandmother. Right or wrong, that is a forever decision. Her latest conduct could be in response to her fear of not seeing you or your...

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Clubs

The father's concern for the development of your first grader's basketball skills probably pales in comparison to his resentment of you having more control than he does of your son's schedule, custody, and life. While he may truly be concerned with the loss of an hour or two of lost basketball training, chances are he's more interested in his own agenda or in hurting you. If the court can be shown that this is the truth then a modification may be in order - but that doesn't mean your child will...

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