Rachel Aliza Elovitz’s Answers

Rachel Aliza Elovitz

Atlanta Child Custody Lawyer.

Contributor Level 15
  1. How do I go about my husband adopting my sons?

    Answered over 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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  2. How do I stop my uncontested divorce?

    Answered 3 months ago.

    1. Glen Edward Ashman
    2. Rachel Aliza Elovitz
    3. Todd Michael Horlick
    3 lawyer answers

    You would file a Voluntary Dismissal with the Clerk of Superior Court. Note that if your spouse filed a counterclaim, the divorce action will not go away - it will proceed on his counterclaim, unless he also files to dismiss his counterclaim.

    4 lawyers agreed with this answer

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

    Answered 6 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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  4. Should I file now for Child Support Modification (son 18 & graduated), but daughter 17 & in H.S. (1.5 year before she grad.)?

    Answered 10 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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  5. During a divorce, what can a Sheriff's Entry of Service be used for?

    Answered 10 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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  6. 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 11 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...

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  7. I want to file for a divorce, but we now live in different counties. Which county should I file in - mine or hers?

    Answered 3 months ago.

    1. Rachel Aliza Elovitz
    2. Glen Edward Ashman
    3. Alyson Faren Lembeck
    4. Waymon S. Harrell
    4 lawyer answers

    If you are both residing in Georgia, and if she has been at the new residence for more than six months, then you need to file in the county in which she resides. If, however, the marital residence is in the county in which you reside, and if it has not been six months since she left the marital residence, then you can file in your county. Venue can be waived - meaning that if you were to file in your county, and it was not otherwise the proper county in which to file, she could waive...

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  8. How long will it take to divorce

    Answered 9 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...

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

    Answered about 1 year 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.

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

    Answered about 1 year 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

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