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Kevin Sean Toole

Kevin Toole’s Answers

61 total


  • I am 20 and never been in trouble with the law. I am being charged with simple battery. Can i talk to a public defender on

    my arraignment date before i enter a plea?

    Kevin’s Answer

    Cobb County has specific rules that you must follow before you can be appointed a public defender. I would recommend calling them as soon as possible at (770) 528-1950 to begin the process of having an attorney appointed for you.

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  • Can a 14 year old child choose to live with parent that does not have physical custody in Georgia?

    They have joint custody with the mother having physical custody. The mother could possibly up and move to another state at anytime and possibly has a warrant for missing a court date in another state. She has been driving on a suspended driver's...

    Kevin’s Answer

    Georgia law states:

    "In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child."

    So essentially, yes, the 14 year old can choose to live with whichever parent he or she chooses, and the Court will abide by this unless evidence shows it is not in their best interest to do so.

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  • My ex husband and I have equal custody agreement. He sees them every other weekend, and every other week in the summer while

    rotating holidays. The kids have expressed that they no longer want to go see him is there anything that I can do? Do i make them go? They girls are 7 and 10. He does not pay child support. And he is not following the agreement.

    Kevin’s Answer

    If you share joint custody and wish to become the sole custodian, you could file a complaint for modification of custody. If he just has visitation and you'd like to attempt to decrease it based on your girls' wishes, you could instead file a complaint for modification of visitation. Either way you'll want to sit down with an attorney about it as they are certainly not the types of actions you'd want to try to file alone.

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  • Where would court proceeding take place

    The custodial parent lives in Illinois, non-custodial lives in georgia, and the divorce was filed and finalized in indiana. If the custodial parent decides to take the non custodial back to court where would the court case be held?

    Kevin’s Answer

    I would need more information before I could answer, as it depends what type of action the custodial parent wishes to file. If it is a change of child custody, it would be in the county in Illinois where she resides. Other than that, I would need more facts before I could say for certain.

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  • Background Check?

    I was falsely accused of stealing from my place of employment. They told me that they caught me stealing on camera. But, they never showed me the video tape. They said if I took responsibility for it, then they would just send me a fine. When I di...

    Kevin’s Answer

    Any formal arrest will appear on your record, yes. If you were arrested and later not charged with a crime or the charges were dismissed, you can ask the Georgia Bureau of Investigations to expunge the record of that arrest. Speak to an attorney to help you through the process.

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  • I am a mother from Georgia...will I lose custody?

    My child's father has yet to legitimize himself as my child's father, but now because of my alcohol abuse, he wants to do it and then file for full custody of my child. I am currently in an inpatient rehab facility, but he wants to strip me of AL...

    Kevin’s Answer

    Child custody is decided based on the best interests of the child, which can take into account many. many factors. You really want to get an attorney involved in a case like this - a custody dispute is *not* something you should attempt to handle on your own.

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  • Simple battery - as an alleged victim, what to do if a cop makes false statements about what I said happened on a police report?

    My husband and I had a disagreement and a neighbor called the police. Cop1 spoke to my husband outside, and cop2 came inside and spoke to me. She went outside and spoke w/ cop1. Then she came back in and said, "show me where your husband pushed yo...

    Kevin’s Answer

    You will want to speak to the district attorney assigned to the case and explain to them how the police were incorrect in their investigation. At this point only they can decide whether to press forward with the case or not.

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  • Legal age child in ga can decide which parent they want to live with

    at what age can a child with divorced parent decide which parent they want to live with In the state of Ga

    Kevin’s Answer

    They may make an Election Affidavit at age 14 but the Judge does not have to follow it (although they often will)

    At 16 they can freely choose where they go without the need for the Court to approve the move.

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  • How can i lower my child support payments? I make less money now than i used to so i cant afford it or a lawyer. What can i do?

    How do i get a modification?

    Kevin’s Answer

    You will have to file a petition to modify child support and prove your reduced income before your child support obligation will be reduced. I know it can be difficult to afford the help of an attorney, but it will certainly pay off in the long run to have quality representation moving forward.

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  • Family law/ custody

    hello. i would like to mmake this as short as possible. im 15, going on 16 in about 15 days. i need to know my rights on if i an choose to go to my dads house whenever i want without my mother taking legal action. she seems to think she has the r...

    Kevin’s Answer

    If you want to go to your father's house the police are not going to stop you or harass you. At your age the Court may wish to speak to you directly to see where you would like to live. They very well may appoint a guardian ad litem as well, who is an attorney who specifically represents you during the divorce. Feel free to contact me if you need further help.

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