Rachel Aliza Elovitz’s Answers

Rachel Aliza Elovitz

Atlanta Child Custody Lawyer.

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

    Answered over 2 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...

    Selected as best answer

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

    Answered over 2 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,...

    Selected as best answer

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

    Answered 7 months 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

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

    Answered 7 months 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

  5. 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 7 months 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

  6. 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 7 months 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

  7. I want custody of my daughter.

    Answered 8 months 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

  8. Where can i find divorse forms for a uncontest, no children involved, no property involved?

    Answered 9 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Daniel Ellis Rice
    3 lawyer answers

    Since you are in Powder Springs, you should use Cobb County forms if you are going to handle your divorce pro se. Go to this link for the Cobb County Superior Court: http://sca.cobbcountyga.gov/divorce_info.htm. You can go to the Cobb County Family Law Workshop (free of charge): Cobb County Family Law - Registration Line: 770.528.8100 You can also get info from the Cobb County Law Library Self Help Center: http://portal.cobbcountyga.gov/index.php?option=com_content&view=article&id=...

    5 lawyers agreed with this answer

  9. Is the wife in VIOLATION of a Divorce Standing Order by NOT returning children back to home state?

    Answered 9 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Christopher Edmund Ward
    3 lawyer answers

    The Georgia Code (OCGA § 19-1-1 (a)) provides that "upon the filing of any domestic relations action, the court may issue a standing order [that]… (1) Upon notice, binds the parties in such action, [as well as] their agents…and all other persons acting in concert with such parties.” The Standing Order may, as DeKalb County's does, enjoin the parties from unilaterally removing the child from the Court’s jurisdiction. It remains in effect during the pendency of the case. If your children's...

    5 lawyers agreed with this answer

  10. How do I locate a non-custodial to file an adandement warrant?

    Answered over 2 years ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    2 lawyer answers

    Even if you locate him, if an abandonment warrant causes him to be incarcerated and lose his job, then it will impede his ability to pay support for your child. If DHS is not pursuing your case, perhaps they are unable to locate him. The US Dept of Health and Human Services, Office of Children and Families, has a Chapter on the location of non-custodial parents: http://www.acf.hhs.gov/programs/cse/pubs/2002/reports/essentials/c5.html. Additionally... You may want to inquire of the...

    5 lawyers agreed with this answer