Lisa Michelle Harris’s Answers

In Georgia, a marriage license is granted and once the marriage takes place, documentation is submitted to the Probate Court to have the marriage legally recognized. Without more information, it is hard to determine your status. If in her first marriage, a ceremony took place but no paperwork was filed, then it is not legally recognized but may be common law if it was established prior to 1997. You may need to do a little digging. Call the probate court in the county where she married the...

You can only obtain a copy of a federal tax return which you yourself file or filed jointly. In other words, if your social security number is on it, then you are entitled to it. In many divorce decrees where child support is an issue, there are provisions in the order or settletment agreement which instructs the party or parties to provide each other with copies of tax returns. Check your decree and see if you have one of these provisions. If not, you would be entitled to a copy of his tax...

The answer to your question will be based on the listing agreement you signed. In some agreements, a seller is required to reimburse and agent for their out of pocket expenses, or pay a fee or commission if the home is removed from the market early. Sometimes, an agent will be entitled to a fee if the home is sold or leased to someone within a given time period after removing it from the market if buyer/lessor saw the home while it was under the listing contract and advertised by the agent....

His attorney is going to be your best resource for trying to get the bond conditions changed so he can return home. Once a bond hearing is held (if one already has been) a new request to reconsider bond can only be made after 45 days have passed. Because DFCS is involved, even if the State chooses to dismiss the charges, that doesn't necessarily mean DFCS will go away. They may still want a safety plan or case plan. In general terms, even if you don't wish to pursue criminal charges,...

Theft by conversion is punished as a misdemeanor if the amount of the stolen goods totals less than $500. A misdemeanor is punishable by up to 12 months in jail. If the total of the goods is more than $500 it is considered a felony and is is a 1 to 10 year offense. If it is a second conviction for theft then it can be punished by up to 20 years. A great local attorney can give you more insight into your specific case. I encourage you to seek local legal advice. Be Well, Lisa

You can seek to terminate the temporary guardianship by filing in the court where it was granted. You should also review the paperwork from the guardianship to see what provisions it makes for visitation. If your rights have not been terminated you are certainly entitled to see your child. A great family law attorney can help navigate this for you. Feel free to call if you'd like to speak in more detail about this. Be Well, Lisa

You can be charged with DUI whether you are on public or private property. Being on private property does not make it legal to drive under the influence. When an officer issues a citation, it is at his discretion. He is not obligated to charge you with every offense you possibly violated. He may not have wanted to write a second ticket, or he may have just forgotten. However, once your case is opened in the solicitor/prosecutor's office, they can add additional charges based on the...

In cases such as this one, the Court doesn't look just at the ability of the parents to love and provide for their children. They look at what is in the best interests of the children. As another attorney said, although the children have the right to express a preference regarding which parent they want to live with, the Court is not controlled by it. All things being equal, the Court will look at the tenor of the relationship between the parents. Which parent is more likely to continue...

Under the full faith and credit clause of the US Constitution, all states must give proper deference to order issued in other states. A protective order in one state should also be able to protect you if you move. You should inquire with the clerk of court in whichever area you are thinking of moving to about how to provide them with what they will need to recognize your order. In some cases, a protective order gives possession of a house, temporary custody of children, etc. to one person...

In general, an action for contempt must be brought in the opposing party's county of residence. However, there is 2010 case law in GA which seems to allow a contempt action to be served on the counsel of record from the underlying case (the divorce or custody matter) and potentially confer jurisdiction in Georgia. A motion to modify can also be filed at the same time as a contempt motion. Consulting with an experience family law attorney in Atlanta would be in your best interest. I'd be...