Rachel Aliza Elovitz’s Answers

Rachel Aliza Elovitz

Atlanta Child Custody Lawyer.

Contributor Level 15
  1. Where can i find divorse forms for a uncontest, no children involved, no property involved?

    Answered about 1 year 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

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

    Answered about 1 year 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...

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  3. 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...

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  4. Can a settlement agreement be changed before its filed in court for the divorce decree?

    Answered almost 3 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...

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  5. Can l legally stop visitation if I think my son's life is in danger

    Answered about 2 months ago.

    1. Rachel Aliza Elovitz
    2. Loretta Ann Smith
    3. Glen Edward Ashman
    4. Steven R. Jacob
    4 lawyer answers

    You do not give us some specifics that may be important in providing you with a meaningful response. For example, if you told us that your son has been around this dog for 5 years without incident, that you have not seen the ex smoke weed in 3 years, then withholding this father's parenting time is likely to backfire. It would under such circumstances reflect poorly on you and your willingness to recognize the importance of the child's relationship with his other parent. However, if you...

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

    Answered 10 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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  7. If a tpo is issued, is the respondant required by law to appear?

    Answered 11 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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  8. Should I still have to pay child support for my 18 year old daughter who's graduated high school.

    Answered over 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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  9. Can i move my son to a different state without being worried about his father stopping me?

    Answered over 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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  10. At what age can a child decide which parent to live with?

    Answered over 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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