Rachel Aliza Elovitz’s Answers

Rachel Aliza Elovitz

Atlanta Child Custody Lawyer.

Contributor Level 15
  1. 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 over 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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  2. Mediation not filed by spouse's attorney.

    Answered almost 3 years ago.

    1. Rachel Aliza Elovitz
    2. Brett Ladd
    3. Howard M Lewis
    3 lawyer answers

    There are a few things you can do. First, I'd be getting on that phone and calling and scheduling a time for a telephone conference or face-to-face meeting with your attorney. Let the attorney know that you want him or her to contact the Opposing Counsel and advise that if the mediation agreement is not finalized, signed, notarized, and filed within the next 7 - 10 days (or whatever time you and your attorney decide is reasonable under the circumstances), then you will be filing a Motion...

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  3. Question on interviewing a lawyer. I will be interviewing new lawyers next week, some wanted payment, some did not.

    Answered almost 3 years ago.

    1. Rachel Aliza Elovitz
    2. L. Maxwell Taylor
    2 lawyer answers

    My colleages, it seems, are not rushing to respond to your question because it is a sensitive issue. I want, as always, to be completely candid and can only hope that my directness is well received. I understand how you feel, but consider the other side of the coin - a lot of lawyers spend a good bit of time doing pro bono work through an agency such as Atlanta Volunteer Lawyers Foundation and DeKalb Volunteer Lawyers Foundation - and many offer services at a reduced hourly rate (for example,...

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  4. My son messed around with a married women and she got pregnant we dna we know its his how do we get him legitimizes?

    Answered 3 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Ashley Anne Digiulio
    4. Merlinus Goodman Monroe
    5. John Arnold Steakley
    5 lawyer answers

    He needs to go talk to a family law attorney about filing a petition for legitimation, seeking an award of parenting time or custody, and each parent's obligation to support the child under the law. Right now, the parents who are obligated to support him are his mother and presumptive legal father, namely the man to whom his mother is married, if in fact he was born during their marriage. If your son wants a relationship with his child, then it would be unwise to wait to file for...

    5 lawyers agreed with this answer

  5. Can I file abuse and child support papers while living in the house with an verbally and physically abusive partner?

    Answered 3 months ago.

    1. Rachel Aliza Elovitz
    2. Eric Alvin Ballinger
    3. Loretta Ann Smith
    3 lawyer answers

    Call Women's Resource Center's 24-hour hotline. They offer support and information. You cannot keep your children in an abusive environment unless you want them to learn those behaviors or be otherwise traumatized by them. Women's Resource Center to End Domestic Violence (metro-Atlanta) 404-688-9436 Georgia Domestic Violence Hotline (Outside metro-Atlanta) 1-800-33HAVEN (334-2836) National Domestic Violence Hotline (Outside Georgia) 1-800-799-SAFE (1-800-799-7233) You can...

    5 lawyers agreed with this answer

  6. Can i get Custody of my sister kids if i lost my kids

    Answered about 1 year ago.

    1. Rachel Aliza Elovitz
    2. Michael John O'Hagan
    3. David John Ward
    3 lawyer answers

    There are way too many unknown factors to give you a meaningful, informed answer. For example, you do not indicate in your post why you lost custody of your children. Was it simply that the court felt that the children's best interest would be served if placed in the primary custody of their father – or was it because of some academic neglect, physical abuse, sexual abuse, a lack of parental care or supervision? When you talk about getting custody of your sister's children, are you talking...

    5 lawyers agreed with this answer

  7. In a custody agreement with a "Right of First Refusal" clause, do I get preference over my ex-husband's new wife?

    Answered about 1 year ago.

    1. Zachary W Davis
    2. Emily Su-Hwa Yu
    3. Rachel Aliza Elovitz
    3 lawyer answers

    The language of your agreement, if written as you've transcribed it, provides that you have the right of first refusal if the other parent is travelling overnight. If he is not travelling, but simply going to work for the evening shift, then the right of first refusal would not be applicable. I think it unlikely that a court would find in your favor if you sought to hold him in contempt over this, not just because of the language of the agreement, but because if this is his regular work...

    5 lawyers agreed with this answer

  8. I live in Georgia, I want a divorce. Do I have to have a lawyer or will it be cheaper to do it myself?

    Answered about 1 year ago.

    1. Rachel Aliza Elovitz
    2. Samuel Eugene Thomas
    3. Glen Edward Ashman
    4. John Arnold Steakley
    5. William Robert Pike
    6. ···
    7 lawyer answers

    If the matter is truly uncontested and you do it yourself, then your expenses would be the cost of filing and the cost of service (unless your spouse acknowledges service in which case you would not have that expense). If you want to make sure that your divorce is done correctly and that your rights are protected, retain an attorney. What you pay the attorney will depend on his or her hourly rate.

    5 lawyers agreed with this answer

  9. Once a settlement is sign can I change my mind especially if I feel I was under duress and my attorney was not truth

    Answered about 1 year ago.

    1. Rachel Aliza Elovitz
    2. Scott Benjamin Riddle
    3. Andrekita Silva
    3 lawyer answers

    It's hard to undue what has been done. Settlements are upheld by general policy inasmuch as they obviate the need for protracted, cost-prohibitive litigation. The law favors compromise, and if you and your spouse entered into an agreement with defined, certain, and unambiguous terms, and if you had the benefit of counsel, it will likely be enforced. You and your spouse may rescind it by mutual agreement, or you can consent to certain changes. If you unilaterally rescind, you will probably be...

    5 lawyers agreed with this answer

  10. I want custody of my daughter.

    Answered about 1 year ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Samuel Eugene Thomas
    3 lawyer answers

    If the Mother disputes your paternity, then yes, the Court may order a paternity test. Note that if you have not filed a petition for legitimation, then that would be your next step. You can seek an award of custody in the Petition. Note as well that once your daughter turns 14, she can elect with whom she wants to live (under Georgia law), and there is a presumption (that can be rebutted) that it is in her best interest to live with the parent selected. You should speak with an Georgia...

    5 lawyers agreed with this answer

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