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Chinwe N. Foster

Chinwe Foster’s Answers

72 total


  • How can we get custody of my husband's daughter? Her mother has constantly moved from house to house. The most recent move..

    Was to live with her cousin and her children. There were 3 adults (including ex's boyfriend) and 5 children in a 2 bedroom mobile home. The day after the move, on May 9, my step daughter came for a visitation. (mother pulled her out of school t...

    Chinwe’s Answer

    As my colleagues have stated, your husband needs to petition for primary custody and ask for an emergency hearing ASAP. If you can't afford an attorney, contact legal aid: http://www.atlantalegalaid.org/departments.htm

    Also, some attorneys may be willing to assist you on a payment plan. Good luck!

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  • How to complete child support forms for a uncontested divorce in the state of Georgia

    I have two children with my husband. We are filing a uncontested divorce on our own however I am not sure how to complete the child supportr forms. Currently he is not employed due to a temporary lay- off how do I complete the child support forms ...

    Chinwe’s Answer

    If you are in Fulton county, you can find helpful information in their family law information center. Here is the website: http://www.fultoncourt.org/family/family-flic.php

    The Child Support Worksheet and some helpful guidelines can be found here: https://cscalc.gaaoc.us/

    HOWEVER, I would not suggest trying to go through a divorce on your own if there are children involved. I've found that many times that individuals try to go pro se on matters like this involving children, more times than not, they end up having to retain an attorney later to fix something that wasn't done right. Many attorneys have very reasonable rates on uncontested divorces, I would suggest that you seek the assistance of counsel. Feel free to give my office a call at 404-525-3082 if you would like more information.

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  • My car payment paid by the dad wants to compensate as part of his child support.

    My x wants me to agree to him paying child support of $1000 a month subtracting $500 for the car payment and insurance. The car is in his name, but we don't live together anymore. He threatens to take the car if I go to child support enforcement....

    Chinwe’s Answer

    Has he legitimated the child? If not, you can file a paternity action and seek child support through the Court. Child support in GA is calculated using a child support worksheet, he cannot just arbitrarily decide what he wants to pay. Also, I understand that you need the car, but child support is for the children's support and maintenance. Unfortunately you guys are not married and the car is in his name, so yes, he could take the car back.

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  • My sons 21 year old wife has gotten pregnant by a 16 year old boy. Can she be charged with anything?

    They have been seperated since June 2012 and refuses to sign the divorce papers. Now she is pregnant by a 16 yr old boy. Can she be charged with anything and will my son be held liable for her baby since they are still married?

    Chinwe’s Answer

    She doesn't have to "sign" the divorce papers as it seems that this will be a contested divorce, she will just have to be properly served. As my colleagues have stated, in GA, he is presumed to be the father of the child since they are still married. This issue can be addressed in the divorce. It is important that he retain competent counsel to assist him. Good luck!

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  • Is it OK to send a copy of the child support agreement that is signed finalized and registered with the court to my ex-wife?

    The agreement has been in place for 11 years, has been signed off by both parties and the judge and has been filed with the Fulton County Superior Court

    Chinwe’s Answer

    What would be the reason for doing this?

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  • I received a domestic charge and a bond has been set. However, I do not have a court date because my papers can not be filed

    This is my first charge and have been in pretrial for over two weeks. What should I do to be released

    Chinwe’s Answer

    Your question is a bit confusing. I am not clear on what you mean by your papers cannot be filed. However, if you were released through a signature bond (pre-trial services in Fulton County), and a court date has not been set yet, you will be notified likely via mail as to when your next court date will be.

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  • My friend wants to know how to obtain custody of her out of state children

    she has never been married to the father and they have never been to court over custody. he is in Virginia she is in Atlanta

    Chinwe’s Answer

    Are the children in Virginia with the father? Also, as my colleague asked, how did he get custody if he has custody? How long has he had custody of them?

    If the children are in Virginia, she will need to contact an attorney there to assist her. Good luck to your friend.

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  • My daughter has a child she let her ex boyfriend get her for the weekend and he will not giver her back.What should she do.

    She called the cops and they said there is nothing she can do.She don't think he is the father but has never told him.She does not have money for a lawyer because it cost so much.Can you give me some advice.Thank you.

    Chinwe’s Answer

    Has the child been legitimated by the father? If not, he has no rights whatsoever to the Child. I am shocked that the police told her that there was nothing they could do (she should have spoken to a supervising officer). If she cannot afford to retain an attorney, have her contact your local legal aid to see if they can assist her.

    If the child is legitimated and there is a custody/visitation order in place that he is violating, she needs to show that to the police...or file a motion for contempt.

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  • Can my Husband Place himself on Child Support in GA if the Children Live in TN?

    My Husband has never been on Child Support, However, he has always given money to the mother as well as kept the children for months at a time. Now that we have married, she will not allow him visitation. Can he place himself on Child Support an...

    Chinwe’s Answer

    He will need to petition in Tennessee since that is the home state of the children.

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