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Rachel Aliza Elovitz
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Rachel Elovitz’s Answers

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  • How do I go about getting emergancey temp custody of my two daughters I am worried about their physical safety.?

    Both of my daughters have been mentally and physically abused by my ex husband and his wife, every time they come for their visit they have bruises and they are been mentally abuse harrassed, interrogated every time they go back to his home. They ...

    Rachel’s Answer

    If you truly believe that your children are being abused...if you are seeing marks on their bodies indicative if what may be physical abuse...if the children are telling you that they are being hit or punched or beaten, then I'm presuming you have taken them to their pediatrician to be examined? Spoken to their father about your concerns? Are the children seeing a child specialist? Have they made an outcry of abuse to him or her or to a teacher or school counselor? Has CPS done an investigation?

    You need to share all of the relevant facts with a family lawyer before deciding how to move forward. It may be appropriate to file an emergency petition or to seek a modification of custody or parenting time, but if you have not felt the need to take the children to a doctor to be examined and if they have not made an outcry of abuse and if there is no visible evidence of abuse, then you do need to be careful as my colleague suggested.

    Raising a claim of abuse is serious, and it can negatively impact someone's life and a parent's relationship with his or her children. It's not an allegation that should be made lightly. If it is made falsely, it can also negatively impact your credibility in court, help your ex should he bring a modification action against you, and result is a strained relationship between you and your children, who would likely grow up resenting your efforts to keep them from their father, if those efforts were unfounded.

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  • What the total cost to legitimatized a child, with the attorney fee, the court fee and any other fee

    the child is 3

    Rachel’s Answer

    It depends on various factors, including, but not limited to, these:
    1. The attorney you retain and his or her hourly rate;
    2. Whether you and the child's mother participate in some form of negotiation, collaboration, or other alternate dispute resolution process;
    3. But are you resolve your case without the need for protracted litigation;
    4. Whether you take depositions and engage in other formal discovery;
    5. Whether there is a custodial evaluation, guardian ad litem investigation, psychological eval, psychosexual eval, forensic evaluation, addiction evaluation. parenting assessment, etc.
    6. The county in which you file and the amount of the filing fee, as well as any service fee or special process server fee;
    7. Whether paternity is disputed and genetic testing ordered;
    8. Whether she evades service and you have to file a motion for service by publication;
    9. Whether there is a legal father to whom the mother was married when she gave birth to your biological child - and you have to terminate his parental rights...

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  • Am I able to file a child abandonment warrant on the father of a child if they live in another state?

    Childs father has not paid any support since child was born (4 months). Paternity test was done and he is the father of the child. Continues to refuse to help, but lives in another state. Will I be able to file child abandonment warrant in Georgia?

    Rachel’s Answer

    I don't imagine the state would extradite him for child abandonment, but you might ask a criminal attorney. You'd probably have to file a warrant there, but here is something to think about -

    If he goes to jail and loses his job, how does he pay support? How does he begin to form a relationship with your child?

    Why not contact DHS - the Division of Child Support Services? You can apply for services on line. They will file an action for support in the appropriate court, and when an award of child support is granted, they will collect and monitor payments and take appropriate steps to ensure compliance, ie suspending his license if he doesn't pay.

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  • Can a divorced couple fighting about custody

    Hire an outside mediator? Agree on custody between themselves?

    Rachel’s Answer

    You said that you are divorced but dealing with custody issues. If you decide to modify custody or parenting time, while it is certainly preferable to go so amicably and without the necessity of having a trial or protracted litigation, you still have to file a petition, any agreement, and obtain a modification Order (incorporating the agreement) before the new terms will be enforceable. You do not have to use a mediator affiliated with the court but it would be wise to use someone who is properly certified and registered with the GODR (Georgia Office If Dispute Resolution)

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  • Can an individual become a custody mediator not having a connection to the court system?

    Meaning to help couples come to an agreement outside of court?

    Rachel’s Answer

    Are you asking about getting trained? If so, you do not have to be an attorney or affiliated with the court system. I'd contact the Justice Center of Atlanta about their basic and divorce mediation training.

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  • How do I enforce a court order for child support??

    My husband and I seperated in Sept 2009. I filed for divorce in Nov 2009. It was final in August 2010. He was ordered to carry insurance and pay child support. He has yet to pay. When I called the court to ask what to do, they told me to take him ...

    Rachel’s Answer

    Call DHS - the Division of Child Support Services. You can actually apply online for their services. You will not have to pay for a lawyer, as it will be the state seeking to enforce the child support judgment. I'm writing this from my phone, so I cannot cut-and-paste the link for you, but if you google "Georgia DHS Division of Child Support Services," it will come up. They will transfer the matter to the DCSS office in the state in which her husband is residing, but you will be able to apply here.

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  • Is my ex wife entitled to money that was filed after we divorced

    We were divorced in 2006 and my sister and brothers filed a medical malpractice for my dad who died in 2009 and I was single then

    Rachel’s Answer

    No, your ex-wife is not entitled to part of any judgment awarded to your father for malpractice done to him.

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  • Change in custody agreement?

    If my ex and I made a custody agreement 3 years ago in which the judge signed off on, would we get the same judge if we go back to ask to modify the agreement since we now require a long-distance parenting plan since he moved.

    Rachel’s Answer

    Yes, if the same judge is still on the bench.

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  • What can I do if I was drunk and don't remember what I told the police? Fiance charged with aggravated assault and battery.

    Me and my fiancé had an argument while drinking. I asked him to leave but he refused so I decided to leave the home and call the police to avoid a mutual combat. I fell outside, I didn't have on any shoes or my glasses when the police arrived I c...

    Rachel’s Answer

    Post your question to criminal defense attorneys. Go speak with a therapist about why you want to marry someone who gives you a bloody nose and mouth, if in fact, he did. If you're someone who wants a family, think long and hard before you marry someone who it's going to be abusive to you in front of your children or possibly abuse your children.

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  • Divorcing, I'm stay at home mom 18 years. Going to final hearing. 2,300 in savings. Will they divide that and give him 1/2?

    Will they divide my savings and give him 1/2?

    Rachel’s Answer

    We would need a lot more information to give you a meaningful answer. If you've been a stay-at-home mom for 18 years, and you're not employed, and your husband makes a good living, it may very well be a case for alimony – which is based on your need and his ability to pay, along with a lot of other equitable factors. If he does not have an ability to pay you alimony, eg if he were incarcerated, not earning any money, and had nothing saved and no inheritance from which to pay you alimony, then I wouldn't be surprised if the court gave you the entire $2300 sitting in the bank. But the equitable division of assets is also based on various equitable factors - like your contributions to the marriage, conduct during the marriage, the length of your marriage ... various other equitable factors. In fact, conduct that involves adultery that results in the breakup of the marriage will bar an award of alimony. Other words, there are too many unknown factors for any attorney on the side to give you a fully informed and meaningful answer. Even if we had all the facts, none of us has a crystal ball, so none of us can tell you what the court will do, only what the law allows and what we think is likely to happen based on the facts of your case.

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