Rachel Aliza Elovitz’s Answers

Rachel Aliza Elovitz

Atlanta Child Custody Lawyer.

Contributor Level 15
  1. How critical are court transcripts (no court reporter used) to the appeal process? I am the appellee in a child custody case.

    Answered 4 months ago.

    1. Rachel Aliza Elovitz
    2. Denise Danielle Vanlanduyt
    3. Samuel Eugene Thomas
    4. Darrell Brinnett Reynolds Sr.
    5. Joshua Sachs
    5 lawyer answers

    Yes, you are correct. In the absence of a transcript, it will be difficult to demonstrate that the judge abused her discretion.

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  2. Divorcing and wife "found" someone I had an affair with.

    Answered 3 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Alyson Faren Lembeck
    4. Adrian Kaspar Pritchett
    4 lawyer answers

    First, your divorce is not "uncontested" if your estranged spouse is amending her complaint to add a claim of adultery as a ground for the divorce. Your divorce is not "uncontested" if the underlying issues (i.e. equitable division of (marital) property, alimony, custody, child support - if there are children) have not been resolved... Second, if your wife did not know about the adultery, if it happened, then she could not have condoned it. However, the claim is not likely to impact you...

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  3. Do I get a share of the marital home in the event of divorce ?

    Answered almost 2 years ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Ikemesit Amajak Eyo
    3 lawyer answers

    If the home was purchased prior to the marriage, then it is arguably not marital property or subject to equitable division; however, if funds earned during the marriage by either party paid down the mortgage and contributed to the equity in the home, then there would arguably be a marital interest in the home. After only a year of marriage, however, I imagine any appreciation in the home is nominal. You mentioned that the home is "presently" titled in your joint names. If the down...

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  4. Need help with Family Law regarding child support requested from a relationship almost 20 years ago

    Answered 3 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Richard G. Farnsworth
    3 lawyer answers

    Two important points: 1. If the child is your biological child, as your post suggests, but he or she was born in the context of an existing marriage (the mother's marriage to her ex-husband), then her ex-husband was the presumptive legal father under Georgia law. The Court would have ordered him to pay child support in the divorce - unless there was a situation in which, for example, his paternity was disproved by genetic testing and yours was confirmed and you intervened and sought to...

    7 lawyers agreed with this answer

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  5. Quit claim deeds and divorce

    Answered 6 months ago.

    1. Rachel Aliza Elovitz
    2. Scott Benjamin Riddle
    3. Frank Wanner Wagner III
    4. Alan N Walter
    4 lawyer answers

    If your ex was awarded the marital home in the divorce, then I don't know why she would quit claim her interest to you, and if the home is in foreclosure, then while your ex can surrender her ownership rights, doing so will not extinguish the mortgage obligation. Your ex may be able to do a deed in lieu, but again, that would not involve transferring her ownership interest to you. As for getting your new loan approved, that's something you need to discuss with the lender. If your ex was...

    7 lawyers agreed with this answer

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  6. Will my fiance have any rights to my children once we marry?

    Answered almost 2 years ago.

    1. Rachel Aliza Elovitz
    2. Ikemesit Amajak Eyo
    3. Anthony M. Zezima
    4. Glen Edward Ashman
    5. George F. Mccranie IV
    5 lawyer answers

    No. He will be their stepfather. The children's legal custodians are you, their mother, and if they were born in wedlock, their father. If they were not born in wedlock, then they may still have two legal parents if 1) the father married you after they were born and held them out as his own or 2) if he subsequently legtiimated them. The children's soon-to-be stepfather will have no right to custody of or any obligation to support your children by another man, unless he adopts them (which...

    7 lawyers agreed with this answer

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  7. Needs lawyer ASAP! Court hearing coming up and I need a lawyer to represent me. Single mom of two. Can make payments!

    Answered 7 months ago.

    1. Rachel Aliza Elovitz
    2. Jay Bodzin
    3. Edward Brandon Beckham
    4. Judith Delus
    5. Laura Leigh Thompson
    5 lawyer answers

    Call the Douglas County Bar Association and ask for a pro bono attorney referral. Here is the information you need: Attorney Referral: (770) 949-7300, Mike Money Phone: (770) 949-1096 Area Served: Counties: Douglas Cities: Douglasville Good luck!

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  8. Which type of custody do I have

    Answered 3 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Darrell Brinnett Reynolds Sr.
    3 lawyer answers

    If you want meaningful answers, then you have to show your Parenting Plan and the Final Decree, as well as any incorporated Settlement Agreement to a family law attorney. Just because your Complaint for Divorce states that you are seeking sole physical and legal custody doesn't mean that you ultimately agreed to or were granted sole physical or legal custody. The Parenting Plan, if signed by the Judge and entered of record, reflects the kind of custody you were granted, not the Complaint (if...

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  9. I have a TPO against my husband. I am 6 mo pregnant. My husband contacted my ob, with whom he is friends, and told her...

    Answered 3 months ago.

    1. Rachel Aliza Elovitz
    2. Emily Su-Hwa Yu
    3. Daniel Ellis Rice
    4. Richard G. Farnsworth
    4 lawyer answers

    1. Go speak to the lawyer who is representing you in the family violence action. If you are not represented, you'd be wise to get representation. 2. If the Order proscribes the father from contacting certain third parties in an effort to harass or intimidate you, then he may have violated the Order, but unless the Order was sufficiently clear to give him adequate notice of what he is not to do, then I do not imagine he will be held in contempt or arrested for violating the Order. That...

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  10. If a couple signed divource papers and it had not been signed by the judge and the spouce has died b4 the judge signed the decre

    Answered 3 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. David Michael Lawler
    4. Darrell Brinnett Reynolds Sr.
    5. David Samuel Willig
    5 lawyer answers

    I am sorry for your loss - and for your child's loss of her father. If the Decree had not yet been "entered," signed and filed in the Clerk's office, then you were not yet divorced. You were widowed by your husband's death.

    6 lawyers agreed with this answer