Rachel Aliza Elovitz’s Answers

Rachel Aliza Elovitz

Atlanta Child Custody Lawyer.

Contributor Level 15
  1. Can a settlement agreement be changed before its filed in court for the divorce decree?

    Answered over 2 years ago.

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

    If you already signed the settlement agreement, then expect your wife's attorney to file a motion to enforce the agreement...or, if proper grounds exist to do so, you could file a motion to set aside the agreement. Agreements can be set aside if a party, for example, is induced to enter into the agreement through fraud, coercion, duress, mistake or misrepresentations of law. If you have been presented with a proposal for settlement - a draft of an agreement for your consideration, you do not...

    5 lawyers agreed with this answer

  2. I would like to know if I can get a divorce from my estranged husband, if I am pregnant by another man?

    Answered 5 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Michael John O'Hagan
    3 lawyer answers

    There is a presumption under Georgia law that your unborn child is the issue of your marriage. In other words, a judge will not grant a divorce while you are pregnant, because child support and custody will have to be determined for what the law presumes is your and your husband's child. However, if your boyfriend takes a paternity test prior to or during the divorce proceedings and the evidence before the Court establishes a biological connection between him and your child, then the Court...

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  3. If a tpo is issued, is the respondant required by law to appear?

    Answered 6 months ago.

    1. Rachel Aliza Elovitz
    2. Adrian Kaspar Pritchett
    3. Michael John O'Hagan
    4. Christopher Edmund Ward
    4 lawyer answers

    If you want a "yes" or "no" answer, then you need to be more clear about what it is you are asking. No, she does not have to appear for the ex-parte hearing. As for the 10-day hearing, you will not be able to proceed unless she has been served, as due process requires that she be given notice and the right to be heard at the hearing. If she fails to appear after being served, then the Court will either enter a permanent protective order based on your testimony and any other evidence...

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  4. Should I still have to pay child support for my 18 year old daughter who's graduated high school.

    Answered about 1 year ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Nathaniel Michael Smith
    3 lawyer answers

    Unless your Decree directed you to pay post-minority support, then you are not required to pay for your daughter beyond her 18th birthday, unless she is still enrolled in and attending high school, and in any event, not beyond the age of 20 years. If she has graduated, then your obligation for child support should have terminated. You need to show your Decree to an attorney to make sure you did not agree to pay post-minority child support. If you did, and that agreement was incorporated into...

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  5. Can i move my son to a different state without being worried about his father stopping me?

    Answered about 2 years ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Merlinus Goodman Monroe
    3 lawyer answers

    If your child was born out of wedlock and his father never legitimated him, then he has no right to visitation under the law (that's not to say that it is not in your child's best interest to foster a relationship between him and his father, as your note indicates you've been doing). You have the right to move, and he has no right to keep you from moving or to keep the child. However, if you move, he may file an action for legitimation (which would establish the child's legitimacy and allow...

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  6. At what age can a child decide which parent to live with?

    Answered about 2 years ago.

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

    Hi. Sounds like you've been through quite a lot. Hope this helps: In all cases in which the custody of any child is at issue between the parents, there is no automatic right to the custody of the child in the father or mother - or any presumption in favor of any particular form of custody, legal or physical, for either parent. Joint custody may be considered as an alternative form of custody by the judge, but the judge can grant either party sole custody, joint custody, joint legal custody,...

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  7. How do I go about my husband adopting my sons?

    Answered about 2 years ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Ikemesit Amajak Eyo
    4. Patrick Bennett Calcutt
    4 lawyer answers

    Under the Georgia Code, a child whose legal father and legal mother are both living but are not married to each other may be adopted by the spouse of either parent only when the other parent voluntarily and in writing surrenders his or her parental rights to the child for the purpose of enabling the other parent’s spouse to adopt the child. The other parent (in this case you) must also consent to the adoption. In the case of a child 14 years of age or older, the written consent of the...

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  8. Can a custodial parent keep the non custodial parent from communicating with their kids?

    Answered 2 months ago.

    1. Rachel Aliza Elovitz
    2. Carl Gordon Schluter
    2 lawyer answers

    1. Bring a copy of the custody Order to a family law attorney; 2. Bring a copy of any journal entries, emails, text messages, phone records or other documentation / evidence of your attempts to contact the children and his refusal to allow you to speak with them or to answer the phone or to have them return your calls; 3. Ask the attorney if a contempt action is viable (which will depend on what the Order says or doesn't say regarding the frequency with which you are allowed to speak...

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  9. Should I file now for Child Support Modification (son 18 & graduated), but daughter 17 & in H.S. (1.5 year before she grad.)?

    Answered 6 months ago.

    1. Glen Edward Ashman
    2. Rachel Aliza Elovitz
    3. Michael John O'Hagan
    3 lawyer answers

    You cannot modify retroactively, so if your son is 19 and your daughter will be 18 and out of HS in 18 months, then it would be nonsensical and futile to file once your second child is an adult. More than that, you would be risking being ordered to pay the other side's attorneys fees for filing a petition that lacks any justiciable issue of law or fact. While you can file a petition for modification of child support now, you should sit down with an attorney, share your current income,...

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  10. During a divorce, what can a Sheriff's Entry of Service be used for?

    Answered 6 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. David John Ward
    3 lawyer answers

    The Sheriff's Entry of Service is the document that the Sheriff signs once he/she has served the respondent / defendant with the Petition (Complaint) for Divorce, Summons, Domestic Relations Standing Order, and any other pleadings/motions/documents that were in the service package. An Acknowledgement of Service signed by the Respondent (aka Defendant) obviates the need for service by the Sheriff. Service has to be perfected before the Court has the authority to do anything on the case. It is...

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