Brian E. Daughdrill’s Answers

Brian E. Daughdrill

Atlanta Real Estate Attorney.

Contributor Level 14
  1. In the state of Georgia, can an ex-spouse enter into a house and remove property after a divorce is final?

    Answered almost 2 years ago.

    1. Brian E. Daughdrill
    2. Glen Edward Ashman
    3. Emily Su-Hwa Yu
    3 lawyer answers

    Once a divorce is final, the parties relationship is, for the most part, governed by the Final Decree. If you reached a settlement agreement and that was incorporated into the final decree, it should describe the rights of the respective parties. If it is silent about who has, for instance, exclusive access and use to the marital residence, then your options as to your ex-spouse are more limited. If the agreement specifies who has those rights, then her actions may be contempt or even criminal....

    4 lawyers agreed with this answer

  2. What rights does a stepfather have regarding his wife's minor child from a prior marriage?

    Answered almost 2 years ago.

    1. Brian E. Daughdrill
    2. Daniel Ellis Rice
    2 lawyer answers

    Strictly speaking, you as a step dad (welcome to the club) have no "legal" rights regarding the child. You can't make decisions for them, you can't exercise medical decision making authority, etc. Doing so will put you in conflict (obviously) with her dad. If your wife has final decision making authority on medical issues, she can give you (in writing) authority that the doctor may accept or Dr. may require conference with mom. As to pick up, unless the agreement specifies that the child is...

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  3. What can I do in GA if my ex who has recently been awarded custody of my 13 yr old daughter moved to FL w/o notice

    Answered almost 2 years ago.

    1. Brian E. Daughdrill
    2. Emily Su-Hwa Yu
    3. Glen Edward Ashman
    3 lawyer answers

    You did not indicate whether you have a visitation schedule or who has custody. If you have joint legal custody and a visitation schedule that is not being followed, your attorney can move for contempt in the court which issued the final decree. Sooner rather than later is important. You can also seek to modify custody (depending, again, on what the arrangements were) because in Georgia relocation to another state is considered a major change in circumstances which would authorize a court to...

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  4. Hi, what options do I have when I have a mice problem in my rent apartment?

    Answered almost 2 years ago.

    1. Brian E. Daughdrill
    2. Horace Kimbrell Sawyer III
    2 lawyer answers

    The starting place for all lease questions is the lease itself. While LL has an obligation to maintain the habitability of a residential property, it is a fact-question as to whether a mouse renders the property uninhabitable. "Constructive eviction," i.e. when the property is rendered completely uninhabitable, is a defense that almost never works unless it is so bad you take your family and move out that same night (this is how the magistrate court judge's describe the defense). In the absence...

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  5. Waiting for new court date?

    Answered over 3 years ago.

    1. Brian E. Daughdrill
    2. Douglas John Hassinger
    3. Theodore W. Robinson
    3 lawyer answers

    There are two things at play here: (1) a transfer, though it seems like it ought to be an easy process, can easily take the courts 4-6 weeks at a minimum to accomplish; and (2) once the case is brought into Cherokee, Cherokee assigns it a new number. From Cherokee's perspective, it is a 2011 case and they are waiting on the 6 month discovery period because they don't look at it as an existing, ready to try case, just looking for a hearing. Prepare a letter to the court notifying them when it...

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  6. If a neighbor's tree falls in my yard and results in damage, who is responsible for repairs? Is it the neighbor or me?

    Answered over 4 years ago.

    1. Brian E. Daughdrill
    1 lawyer answer

    This is one of the most commonly asked questions for neighbors. The answer depends on several factors. If you are in an urban area (neighborhood) versus a farm or rural area, Georgia law imposes upon the owning landowner the duty to inspect his property and protect others from dangers thereon. If the tree was dead or had visible rot, decay or disease, the landowner may be held responsible for the damage caused by the falling tree. If the decay or disease is not visible and inspection would not...

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  7. I am divorced for 15 years. The divorce was in Richmond county. There is a support order that the ex husband continues to violat

    Answered almost 2 years ago.

    1. Brian E. Daughdrill
    2. Glen Edward Ashman
    2 lawyer answers

    I am assuming you mean that there is a child support order in place that the ex is violating, i.e. not paying. There are several approaches. Most current Final Decrees speak to whether a "child support income deduction order" is appropriate and what standard must be met to submit one (i.e. more than 30 days in arrears). If the amount of the child support is clear in the decree, many order also allow garnishment (just like any other judgment). There is also child support collection agencies who...

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  8. Divorce - Life insurance must be left to my ex-spouse? Is this a legal mandate?

    Answered over 3 years ago.

    1. Brian E. Daughdrill
    2. Glen Edward Ashman
    3. Dayn Anthony Holstrom
    3 lawyer answers

    In Georgia, there is no "legal mandate" that you do anything of the sort unless a judge has ruled that you must maintain the life insurance to satisfy an alimony or child support obligation. Even if you are required to do that, however, you can set it up in a trust FOR THE BENEFIT OF the children, not leave it directly to your ex spouse. You will need an attorney to set up the trust and then designate the trust as the beneficiary under the policy. This response is for the purpose of...

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  9. 6 year old can choose who he can live with?

    Answered about 4 years ago.

    1. Brian E. Daughdrill
    2. Paula Jeanette Mcgill
    2 lawyer answers

    In Georgia, a 6 year old is not old enough to "elect" which parent they want to live with. It is not until the child is 14 that they may make a formal election which is, itself, a "major change in circumstances" authorizing a custody modification. So to that question, the answer is an unqualified no. Check the temporary order, there may be language relating to how the litigation is to be discussed (if at all) with the child. If she is in "contempt" of that order, you can bring it to the court'...

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  10. Consent Judgment

    Answered over 4 years ago.

    1. Brian E. Daughdrill
    2. Ralph Edward Hughes
    3. Angelo Marino Jr.
    3 lawyer answers

    Probably your husband agreed to a "settlement agreement" on some matter. The attorney now has reduced this to a "consent judgment" whereby the Court will take judicial notice of the settlement and retain the ability to enforce performance of the terms your husband agreed to. In Georgia, this is one way to resolve a case "amicably." If the terms of the Consent Judgment MATCH what your husband agreed to precisely, (be mindful of additional terms and terms, in particular, that make collection...

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