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Rachel Aliza Elovitz
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Rachel Elovitz’s Answers

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  • Can i press charges on my fiances ex motherinlaw for making false accusations saying i abused my kids

    Nobody ever had proof and i was never found guilty of such crime

    Rachel’s Answer

    More information is needed to give you a meaningful, informed answer:

    1. Are you referring to a report made to DHS? To DFCS? To a CPS Caseworker?

    2. Is your fiancés ex mother-in-law a mandated reporter? Was her report grounded in any facts? For instance, did one of your children make an outcry of abuse or neglect - or was this a fabricated, malicious claim?

    3. Were you criminally charged? Prosecuted? Were the charges dismissed? Were you acquitted?

    Whether you have a viable claim in tort for malicious prosecution or have a good faith basis to bring a charge for making a false statement depends on your answers to these and other questions.

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  • My husband is threatening to charge me with kidnapping because I am planning a trip to NC and he just received papers.

    I am from North Carolina, and my grandparents and extended family live in NC. We are planning a trip to NC for 4-5 days and I will disclose the address and phone numbers and when we are leaving and coming back to my ex. However he is stating he is...

    Rachel’s Answer

    Whether you can travel to NC without violating the Standing Order depends on the language of the Order. Various counties have Standing Orders but the language regarding taking the child outside the jurisdiction differs. Some permit it for brief periods, while others require the consent of the other party or the permission of the Court, and some are ambiguous. My colleagues are correct in suggesting that you heed the advice of your attorney - or if you do not trust his or her advice, you need to have a candid discussion with your attorney to see if the basis for that lack of confidence can be repaired (ie better communication) or if you need to find new counsel.

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  • Many things going against the validity of prenuptial. . . How to still have it uncontested but void the prenuptial due to circum

    In the event: deposits on an apartment or home, power, and water would be paid by spouse as well as the use of a serviceable vehicle for up to a yr. 1. She never moved in after wedding and I pd her bills. 2. She moved a month before I file...

    Rachel’s Answer

    1. It's not "uncontested" if the enforceability of the prenup is being litigated.

    2. Yo can always propose a resolution to the underlying issues (equitable division of assets, debts, alimony ...), and unless there is something illegal, unconscionable, or otherwise legally unsustainable about the agreement, the Court will likely accept it.

    3. Your agreement does not have to be consistent with the prenup, but if you do not reach an agreement, you will be bound by the prenup, unless the Court finds it unenforceable (that does not often happen). The bases for throwing out a prenup are limited - and present a fairly high legal hurdle.

    You would be wise to navigate these legal issues with a family lawyer.

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  • What do I need to do after rule nisi and temporary order awarding joint custody however I was given supervised visitation?

    I was served with a Rule Nisi granting my husband temporary custody of our three children and a restraining order forcing me to leave our family home. I was in such shock that I went to our hearing to show cause with no attorney. This was in July ...

    Rachel’s Answer

    If custody if your children is a priority to you...if you are clean...if your husband has an unaddressed substance abuse issue, and if your children's safety and welfare are important to you, then:

    1. You need to speak to a family law attorney about filing a motion to amend or modify the current Order:

    2. Filing an application for citation of contempt;

    3. Requesting an award if attorney's fees;

    4. Requesting that your husband be ordered to submit to an addictiction evaluation;

    5. Offering to submit to regular drug and alcohol screens to assuage any concerns that you are not clean and sober.

    If you cannot afford an attorney, call your local bar association and ask for a peri bono referral. You can also call the State Bar at 404/527-8700.

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  • Are there fornication laws which make a man owe affection, time or acknowledgment or money to a former girlfriend?

    A former girlfriend is angry and belligerent because I refuse to see/talk to her. Legally can she do anything against me? If she comes to my house can I treat her like a trespasser/intruder and take appropriate actions like calling the police? Goi...

    Rachel’s Answer

    There is no palimony in Georgia. However, if you impregnate someone, and the pregnancy results in a baby boy or girl, you will have a duty under the law to support your child.

    You invite all kinds of trouble when you engage in this type of behavior....an unplanned pregnancy... fatherhood....an illegitimate child with parents who are ostensibly not ready to be parents...maybe rethink bringing strange women into your home.

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  • Georgia DFCS worker neglect

    Georgia DFCS worker was ordered by judge to provide monthly marijuana test for 6 months but failed to do so, now they are making me go another 6 months without my child due to their failure to test me. I smoked marijuana and I paid for my mistake...

    Rachel’s Answer

    Are you represented? If not, retain a lawyer familiar with dependency cases - or if you cannot afford an attorney, ask for one to be appointed to you. He or she can make arguments on your behalf, including that the Department has not made reasonable efforts when and if the case.

    If you have a case plan, it is incumbent upon you to do your part to comply with it. If DFCS thwarts your attempts to comply or does not provide access to the agreed services, then it will reflect poorly on the Department, not you - but you have to do your part.

    You or your attorney, if you have or retain or are appointed an attorney, could ask the court to reconsider the decision for another 6 months of tests and offer to take a hair follicle test immediately - which would, if negative, demonstrate that you've been clean for 90 days - and then offer to take another test in three months.

    To learn more about the test and costs for various panels, check out Choice Labs. 770-715-1529

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  • Our attorney won't respond, what can we do?

    My husband's attorney will not respond to us. She was supposed to handle a part of my husbands case and we haven't been able to get in touch with her despite numerous attempts at text, call, and attempting to schedule appointments. What could we do?

    Rachel’s Answer

    If this is a divorce, then why are you worried about your husband's communication with his attorney? You indicated that the topic area is divorce / separation. If it is a divorce, his attorney is looking out for him, not you. Make sure you obtain independent counsel.

    If this is an action between your husband and an ex wife (ie a modification of custody or child support action or contempt action) then if the attorney is not being responsive to calls, emails, or texts, you have - actually your husband has a few options (not in any meaningful order):

    1. Hire new counsel
    2. Call CAP at 404-527-8759
    (The Ga Bar's Consumer Assistance Program) - they can help get communication back on track
    3. Schedule a face to face meeting with the attorney to discuss your concerns

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  • Should I get PostNupAgreement w/my now husband prior to our mutual divorce? I put $100,000 of my own $ into martial home.

    I sold MY home in order to put a large down payment on our martial home. We will sell the home but I want the original down payment BACK out of the sale of the martial house. Is a post Nuptial Agreement needed? Can I do this myself with the cor...

    Rachel’s Answer

    It doesn't make sense to do a postnuptial agreement now. Under Georgia law, the general rule is that any assets brought to the marriage, any monies gifted to you by a third-party, and any monies inherited by you, remain your separate property. If he acknowledges that you put $100,000 of your premarital funds into the marital home or if you have a paper trail that buttresses that claim, and if you did not gift those funds to the marriage, then they remain your separate property. An award of that money to you could be delineated in a settlement agreement that would be filed as part of the divorce, or if you went to a trial, you would have to demonstrate that the $100K is in fact your premarital money, either with the aforementioned paper trail or by stipulation of the parties. They could try to argue that you commingled those funds and that they lost there separate property nature, if, for example, those funds were used as the down payment on a home in your sole name that you thereafter transferred into your and your husband's joint names. He might argue that it was a gift to the marriage.

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  • Does 10 yr old need a place to study and a quiet environment from legal standpoint? Divorce, family law, custody, visitations

    My daughter is 10 yrs old and lives with me. She has visitations with her father every other weekend and once weekly. She's doing well in school and is in advanced classes. She has a hard time studying at her father's house as there's no place for...

    Rachel’s Answer

    Have you tried to discuss this concern with your child's father? Yes, academics are very important, but so is fostering healthy, parent-child relationships. Perhaps an area can be used for your daughter to do her homework and to study, e.g. at a dining room table - while the younger children play in a separate room or outside? If you and the child's father are not communicating well or at all, then it may be wise to talk to a child specialist not just about this concern, but about how to communicate more effectively generally and how to reduce conflict for your child's benefit, as well as what your respective concerns are. Best to you and your family

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  • How do I go about getting emergancey temp custody of my two daughters I am worried about their physical safety.?

    Both of my daughters have been mentally and physically abused by my ex husband and his wife, every time they come for their visit they have bruises and they are been mentally abuse harrassed, interrogated every time they go back to his home. They ...

    Rachel’s Answer

    If you truly believe that your children are being abused...if you are seeing marks on their bodies indicative if what may be physical abuse...if the children are telling you that they are being hit or punched or beaten, then I'm presuming you have taken them to their pediatrician to be examined? Spoken to their father about your concerns? Are the children seeing a child specialist? Have they made an outcry of abuse to him or her or to a teacher or school counselor? Has CPS done an investigation?

    You need to share all of the relevant facts with a family lawyer before deciding how to move forward. It may be appropriate to file an emergency petition or to seek a modification of custody or parenting time, but if you have not felt the need to take the children to a doctor to be examined and if they have not made an outcry of abuse and if there is no visible evidence of abuse, then you do need to be careful as my colleague suggested.

    Raising a claim of abuse is serious, and it can negatively impact someone's life and a parent's relationship with his or her children. It's not an allegation that should be made lightly. If it is made falsely, it can also negatively impact your credibility in court, help your ex should he bring a modification action against you, and result is a strained relationship between you and your children, who would likely grow up resenting your efforts to keep them from their father, if those efforts were unfounded.

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