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Rachel Aliza Elovitz

Rachel Elovitz’s Answers

996 total

  • Can I file for a motion to dismiss on a petition for modification of child support?

    I have a joint legal custody order and I'm the primary parent and I was recently served with a petition for modification of child support from the non custodial parent. The non custodial filed the petition in the county where I reside but our orde...

    Rachel’s Answer

    I suspect that filing a motion to dismiss will prove to be a waste of time and expense. Even if venue were improper, and even if a motion to dismiss were granted, how would that help you? You would only be belaboring a final resolution to an action that would be transferred to and litigated in a county other than your own.

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  • My child choose to live with her father 3 yrs ago, when she turned 12, now that she is 15 she wants to return to live with me ?

    Her father does not have a job also he stays with his girlfriend. my daughter singed a affidavit of election to live with me but also she signed another one choosing to stay with her dad ,because her dad made her her to and signed 3 days after ...

    Rachel’s Answer

    The Court will likely appoint a guardian ad litem to conduct an investigation and to make a recommendation regarding that which is in the best interests of your child. The elections are not controlling. They are presumptive concerning the child's best interest, but that presumption is rebuttable. In this case, the elections cancel each other out, so to speak, unless the court ultimately determines one or both were not made voluntarily. A GAL's report can be instructive regarding voluntariness. You and your child's father need to think about what having your daughter sign competing elections may be doing to her - emotionally / psychologically.

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  • Can i press charges on my fiances ex motherinlaw for making false accusations saying i abused my kids

    Nobody ever had proof and i was never found guilty of such crime

    Rachel’s Answer

    More information is needed to give you a meaningful, informed answer:

    1. Are you referring to a report made to DHS? To DFCS? To a CPS Caseworker?

    2. Is your fiancés ex mother-in-law a mandated reporter? Was her report grounded in any facts? For instance, did one of your children make an outcry of abuse or neglect - or was this a fabricated, malicious claim?

    3. Were you criminally charged? Prosecuted? Were the charges dismissed? Were you acquitted?

    Whether you have a viable claim in tort for malicious prosecution or have a good faith basis to bring a charge for making a false statement depends on your answers to these and other questions.

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  • My husband is threatening to charge me with kidnapping because I am planning a trip to NC and he just received papers.

    I am from North Carolina, and my grandparents and extended family live in NC. We are planning a trip to NC for 4-5 days and I will disclose the address and phone numbers and when we are leaving and coming back to my ex. However he is stating he is...

    Rachel’s Answer

    Whether you can travel to NC without violating the Standing Order depends on the language of the Order. Various counties have Standing Orders but the language regarding taking the child outside the jurisdiction differs. Some permit it for brief periods, while others require the consent of the other party or the permission of the Court, and some are ambiguous. My colleagues are correct in suggesting that you heed the advice of your attorney - or if you do not trust his or her advice, you need to have a candid discussion with your attorney to see if the basis for that lack of confidence can be repaired (ie better communication) or if you need to find new counsel.

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  • Many things going against the validity of prenuptial. . . How to still have it uncontested but void the prenuptial due to circum

    In the event: deposits on an apartment or home, power, and water would be paid by spouse as well as the use of a serviceable vehicle for up to a yr. 1. She never moved in after wedding and I pd her bills. 2. She moved a month before I file...

    Rachel’s Answer

    1. It's not "uncontested" if the enforceability of the prenup is being litigated.

    2. Yo can always propose a resolution to the underlying issues (equitable division of assets, debts, alimony ...), and unless there is something illegal, unconscionable, or otherwise legally unsustainable about the agreement, the Court will likely accept it.

    3. Your agreement does not have to be consistent with the prenup, but if you do not reach an agreement, you will be bound by the prenup, unless the Court finds it unenforceable (that does not often happen). The bases for throwing out a prenup are limited - and present a fairly high legal hurdle.

    You would be wise to navigate these legal issues with a family lawyer.

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  • What do I need to do after rule nisi and temporary order awarding joint custody however I was given supervised visitation?

    I was served with a Rule Nisi granting my husband temporary custody of our three children and a restraining order forcing me to leave our family home. I was in such shock that I went to our hearing to show cause with no attorney. This was in July ...

    Rachel’s Answer

    If custody if your children is a priority to you...if you are clean...if your husband has an unaddressed substance abuse issue, and if your children's safety and welfare are important to you, then:

    1. You need to speak to a family law attorney about filing a motion to amend or modify the current Order:

    2. Filing an application for citation of contempt;

    3. Requesting an award if attorney's fees;

    4. Requesting that your husband be ordered to submit to an addictiction evaluation;

    5. Offering to submit to regular drug and alcohol screens to assuage any concerns that you are not clean and sober.

    If you cannot afford an attorney, call your local bar association and ask for a peri bono referral. You can also call the State Bar at 404/527-8700.

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  • Are there fornication laws which make a man owe affection, time or acknowledgment or money to a former girlfriend?

    A former girlfriend is angry and belligerent because I refuse to see/talk to her. Legally can she do anything against me? If she comes to my house can I treat her like a trespasser/intruder and take appropriate actions like calling the police? Goi...

    Rachel’s Answer

    There is no palimony in Georgia. However, if you impregnate someone, and the pregnancy results in a baby boy or girl, you will have a duty under the law to support your child.

    You invite all kinds of trouble when you engage in this type of unplanned pregnancy... illegitimate child with parents who are ostensibly not ready to be parents...maybe rethink bringing strange women into your home.

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  • Georgia DFCS worker neglect

    Georgia DFCS worker was ordered by judge to provide monthly marijuana test for 6 months but failed to do so, now they are making me go another 6 months without my child due to their failure to test me. I smoked marijuana and I paid for my mistake...

    Rachel’s Answer

    Are you represented? If not, retain a lawyer familiar with dependency cases - or if you cannot afford an attorney, ask for one to be appointed to you. He or she can make arguments on your behalf, including that the Department has not made reasonable efforts when and if the case.

    If you have a case plan, it is incumbent upon you to do your part to comply with it. If DFCS thwarts your attempts to comply or does not provide access to the agreed services, then it will reflect poorly on the Department, not you - but you have to do your part.

    You or your attorney, if you have or retain or are appointed an attorney, could ask the court to reconsider the decision for another 6 months of tests and offer to take a hair follicle test immediately - which would, if negative, demonstrate that you've been clean for 90 days - and then offer to take another test in three months.

    To learn more about the test and costs for various panels, check out Choice Labs. 770-715-1529

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  • Our attorney won't respond, what can we do?

    My husband's attorney will not respond to us. She was supposed to handle a part of my husbands case and we haven't been able to get in touch with her despite numerous attempts at text, call, and attempting to schedule appointments. What could we do?

    Rachel’s Answer

    If this is a divorce, then why are you worried about your husband's communication with his attorney? You indicated that the topic area is divorce / separation. If it is a divorce, his attorney is looking out for him, not you. Make sure you obtain independent counsel.

    If this is an action between your husband and an ex wife (ie a modification of custody or child support action or contempt action) then if the attorney is not being responsive to calls, emails, or texts, you have - actually your husband has a few options (not in any meaningful order):

    1. Hire new counsel
    2. Call CAP at 404-527-8759
    (The Ga Bar's Consumer Assistance Program) - they can help get communication back on track
    3. Schedule a face to face meeting with the attorney to discuss your concerns

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  • Should I get PostNupAgreement w/my now husband prior to our mutual divorce? I put $100,000 of my own $ into martial home.

    I sold MY home in order to put a large down payment on our martial home. We will sell the home but I want the original down payment BACK out of the sale of the martial house. Is a post Nuptial Agreement needed? Can I do this myself with the cor...

    Rachel’s Answer

    It doesn't make sense to do a postnuptial agreement now. Under Georgia law, the general rule is that any assets brought to the marriage, any monies gifted to you by a third-party, and any monies inherited by you, remain your separate property. If he acknowledges that you put $100,000 of your premarital funds into the marital home or if you have a paper trail that buttresses that claim, and if you did not gift those funds to the marriage, then they remain your separate property. An award of that money to you could be delineated in a settlement agreement that would be filed as part of the divorce, or if you went to a trial, you would have to demonstrate that the $100K is in fact your premarital money, either with the aforementioned paper trail or by stipulation of the parties. They could try to argue that you commingled those funds and that they lost there separate property nature, if, for example, those funds were used as the down payment on a home in your sole name that you thereafter transferred into your and your husband's joint names. He might argue that it was a gift to the marriage.

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