Rachel Aliza Elovitz’s Answers

Rachel Aliza Elovitz

Atlanta Child Custody Lawyer.

Contributor Level 15
  1. I filed a petition for child custody modification pro se, a hearing has been set for 6 weeks from now. What should I expect?

    Answered 5 months ago.

    1. Rachel Aliza Elovitz
    2. Alyson Faren Lembeck
    3. Steven P. Shewmaker
    4. Kedra M. Gotel
    5. Glen Edward Ashman
    5 lawyer answers

    Just a few quick thoughts: 1. If you can afford to retain an attorney, don't wait until a week before the trial. This is too important not to have representation and someone who is familiar with the law, you're rights and obligations as they pertain to your child. 2. Your legal burden in a modification of custody action is to demonstrate to the court that there has been a material change in circumstances since the entry that the original custody order (or the last custody modification...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How long will it take to divorce

    Answered 4 months ago.

    1. Rachel Aliza Elovitz
    2. Daniel Ellis Rice
    3. Samuel Solomon Bruner
    4. Michael John O'Hagan
    4 lawyer answers

    Georgia is a no fault state. He can seek a divorce even if he is the only one who wants it. However, if you want to try and save your marriage, if you have not already done so, you might ask him if he is willing to go with you to a marriage counselor. Even if he does not, you might consider speaking with someone individually who can help you through this transition period. Take steps to ensure that you come through this process stronger, wiser, and happier. In the interim, find an...

    Selected as best answer

  3. What are my options for child support enforcement? I have a child support order from 2010 and have never received any payments.

    Answered 7 months ago.

    1. Rachel Aliza Elovitz
    2. Michael Shane Welsh
    2 lawyer answers

    You can file another contempt action and ask for an Income Deduction Order. You can also request that the IDO specify (which it should in any event) that if the employer fails to deduct the proper amount from the father's income, the employer will be liable for the amount that should have been deducted in addition to costs, interest, and reasonable attorney’s fees.

    Selected as best answer

  4. Do we need and attorney or can we file ourselves and get through the process easy at little to no cost?

    Answered 7 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Theodore W. Robinson
    4. D K Kevin Dugan
    4 lawyer answers

    You can file yourselves, but it is not an easy process if you don't know what you're doing. For something this important, it would be wise to retain an attorney. If you cannot afford an attorney, try your local bar association and ask about a pro bono referral: Bar Association: Mountain Judicial Circuit Bar Association Address: P.O. Box 1005 Toccoa, GA 30577 Attorney Referral: (706) 886-7533

    Selected as best answer

  5. Can my ex stop me from relocating out of Georgia with our 2 kids?

    Answered 7 months ago.

    1. Rachel Aliza Elovitz
    2. Lee Alan Thompson
    2 lawyer answers

    If you are the primary physical and legal custodian, then you have the right to move, but he also has the right to file a modification action and to seek a change in the parenting time schedule or in custody and/or in child support. Georgia law does not permit a modification of custody based solely on a custodial parent's relocation or remarriage. In relocation cases, as in all child custody cases, the trial court must consider the best interests of the child and cannot apply a bright-...

    Selected as best answer

  6. Child custody/Divorce case In need of a lawyer ASAP that would be willing to take payments

    Answered 10 months ago.

    1. Rachel Aliza Elovitz
    2. Jay Bodzin
    3. Lee Alan Thompson
    3 lawyer answers

    In my prior answer to you, I suggested that you call the Douglas County Bar Association and ask for a pro bono referral. The contact information is provided, again, below. However, since you were seemingly able to come up with a $3K retainer that you paid to an attorney, if you do not feel the attorney is working your case or you are unable to get in touch with the attorney, you might try contacting the Consumer Assistance Program (CAP) for assistance at 404-527-8759. Douglas County Bar...

    Selected as best answer

  7. Can I access a divorce settlement online that took place @31yrs. ago? Or how do I get copy?

    Answered over 1 year ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. James Michael Money
    3 lawyer answers

    You don't indicate in which county you were divorced, but it appears that you reside in Gwinnett. If your divorce was in Gwinnett, you might check http://www.gwinnettcourts.com/home.asp#home/, but I don't imagine you will find a case that was closed more than three decades ago. You might call the Clerk of Superior Court of Gwinnett County (if that was the county in which your divorce was entered). The official records are maintain by the Clerk of Courts office and can be obtained from that...

    Selected as best answer

  8. My ex-wife wants to move out of state with my children- What does this mean for visitation?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Rachel Aliza Elovitz
    3. Anthony M. Zezima
    3 lawyer answers

    First, the direct answers to your questions: 1. Regarding the impact on your visitation - the 1,500 mile away move means that, absent the financial ability to fly back and forth every other weekend, you will not see your children as often as the Decree currently (based on your representations) entitles you to see them. 2. To the extent she tries to claim that you "violated" the Decree by not visiting the children every other weekend - you cannot be held in contempt for not visiting...

    Selected as best answer

  9. Do we need to legitimize my daughter now that she's 10 years old and her father and I have been married for 9 years?

    Answered about 2 years ago.

    1. Rachel Aliza Elovitz
    2. Shawn Patrick Hammond
    2 lawyer answers

    If your daughter was born in the context of an existing marriage, even if the man to whom you were married was your estranged husband at the time, he is the presumptive biological father - and your daughter's legal father under the law. Your current husband should speak to an attorney about filing a petition seeking to establish paternity (doing a DNA test) and legitimating the child.

    Selected as best answer

  10. Ex only follows the parts of the decree she wants to. Seeing psychological damage to kids, what do I do?

    Answered 4 months ago.

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

    Why have you allowed it to go on this long? If she is willfully violating provisions of the Decree, if you've tried to talk to her about it to no avail, if she is harming your children in the process, then speak to an attorney about 1) filing a post-judgment petition for citation for contempt and/or 2) filing an action for modification of custody or parenting time. Also, if your children are not seeing a therapist / child specialist / psychologist, speak to your ex about the participating in...

    4 lawyers agreed with this answer