Rachel Aliza Elovitz’s Answers

Rachel Aliza Elovitz

Atlanta Child Custody Lawyer.

Contributor Level 15
  1. 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 6 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

  2. My wife had an affair over the summer. She has admitted to it in righting. Should we use mediation? She takes responsibility.

    Answered 10 months ago.

    1. Glen Edward Ashman
    2. Rachel Aliza Elovitz
    3. Robert M. Gardner Jr.
    4. Bobby L. Bollinger Jr.
    4 lawyer answers

    The fact that she's admitted an adulterous affair does not translate into a particular division of marital assets or debts or an award of custody. In an original action for custody, the legal burden is the best interest of the children. In making that determination, the Court looks at various factors, such as the affection and bond between the children and each of their parents and siblings, each parent's ability to provide a nurturing and safe environment for the children, each parent's...

    6 lawyers agreed with this answer

  3. Divorce contested she seeking alomoney and ins and car fixed and cell bill paid half of property

    Answered 6 months ago.

    1. Rachel Aliza Elovitz
    2. Jay Bodzin
    2 lawyer answers

    What is your question? If you want to know to what she's entitled, she's entitled to an equitable division of the marital assets, to any of her separate property, and the court may find that she's entitled to an award of alimony. In Georgia, "marital property" is property that was acquired during the marriage as a result of the labor and efforts of either of the parties or both of them during the marriage. "Separate property" is property that you bring into the marriage, or inherit, or are...

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  4. How can I make sure my child is not exposed to a promiscuous lifestyle by her father

    Answered 8 months ago.

    1. Rachel Aliza Elovitz
    2. Peggy Margaret Raddatz
    3. Kathryn L. Hilbush
    4. John F. Geraghty
    4 lawyer answers

    Few suggestions: 1) get an attorney to represent you on the domestic violence action. If you cannot afford an attorney, call your local Bar Association and ask for a pro bono referral (here is the contact information): Blue Ridge Bar Association; Attorney Referral line: (770) 479-1844. 2) If the father has not legitimated your child and been granted an award of custody or parenting time, then you have no obligation to send your child to visit him. While I am not suggesting that you...

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  5. Can I ask for joint custody at our final divorce hearing even though he was awarded temporary custody at the first hearing?

    Answered over 2 years ago.

    1. Rachel Aliza Elovitz
    2. David A. Canale
    3. Glen Edward Ashman
    3 lawyer answers

    The Court is not bound by the temporary Order. The Judge will look at all the relevant evidence and make a determination regarding custody that is grounded in what he or she finds to be in your child's best interest. If you want joint physical and legal custody (the former involves where the child resides / parenting time and the latter involves decision making for the child), then you will have to demonstrate to the Court that joint custody is in your child's best interest. If you cannot...

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  6. Thinking of taking my child and leaving my husband. He has a bad temper and has hit me and threated me about 5 times or more

    Answered 6 months ago.

    1. Rachel Aliza Elovitz
    2. Alexis Leone Hamilton
    3. Allyson C. Russell-Blair
    3 lawyer answers

    First, if he hurts or threatens you again, call the police. If you do leave the house with your child and thereafter file for divorce and custody ends up being contested, count on him claiming that you took his child away from him, and he will deny any claim that he ever hurt or threatened you. If you've never gone to the doctor after he's hurt you, or to the emergency room, or sought haven in a shelter, or called the police, it will be your word against his. Second, I'm not clear on...

    5 lawyers agreed with this answer

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  7. How can I get a divorce from my verbally and physically abusive husband when I am unemployed?

    Answered about 2 years ago.

    1. Rachel Aliza Elovitz
    2. Joshua G. Schiffer
    2 lawyer answers

    You can call the Rockdale County Bar Association and ask about a pro bono attorney referall: Go to http://www.rockdalebar.org/. You can also file for a divorce yourself, but it is wise to have the benefit of an experienced family law attorney. The attorney will discuss the issues of custody and parenting time with you...the history of abuse you mentioned, whether you need to request that the Court put certain safety parameters in place (including, as an example, supervised visits between...

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  8. Can I get half of the marital asset?

    Answered 5 months ago.

    1. Rachel Aliza Elovitz
    2. Samuel Solomon Bruner
    3. Michael John O'Hagan
    4. Adrian Kaspar Pritchett
    4 lawyer answers

    No, future income is not an asset that is subject to being divided in divorce. Only real and personal property and assets acquired during marriage are subject to what we call "equitable division." Property acquired during the marriage by gift or inheritance remains the separate property of spouse who received it and is not subject to equitable division. If your intent was to inquire about monies that accrued during your marriage, funds that you and your husband acquired as a result of your...

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  9. Should I keep record of separated husbands visitation with 3 month old son to help in custody dispute in future?

    Answered 7 months ago.

    1. Rachel Aliza Elovitz
    2. Samuel Eugene Thomas
    3. Anthony M. Zezima
    3 lawyer answers

    Yes. You should keep a journal of when he comes to visit and how long he stays. Does he feed, bathe, diaper, clothe, play with, sing to, read to, or otherwise interact with the baby? Has he gone to the pediatrician with you for sick or well visits? Was he present when your child was born? Is he helping to support the child financially? You might suggest to him that you take some parenting classes together and (in addition) speak with a child specialist about the kind of graduated...

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  10. Do I have the legal right to get my child from the other parents house if I'm not in agreement on the vacation visit?

    Answered about 1 year ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Reid A Seino
    4. Terri L. Brown
    4 lawyer answers

    It depends on what the mediated agreement says. If, for example, he gets to choose first in 2013 regarding the 3 weeks he wants with the children during the summer, then you should honor his choice, unless you want to encourage him to disregard your choice in the years you get to make the first choice of weeks selected. Even though it is not yet incorporated into an Order and any violation of the agreement may not constitute an act of contumacy / contempt, your disavowal of its terms may...

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