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Emily Su-Hwa Yu
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Emily Yu’s Answers

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  • Can I have my divorce decree modified to have his parental rights taken away and/or contempt of court for failure to pay c.s?

    The father has abandoned our minor child, not once getting him for visitation, not even a phone call in over a year. He is not paying child support and is $5,000.00 plus in arrearages. Our son has mental illnesses and medical conditions as well. T...

    Emily’s Answer

    I agree with my colleague's response. You have options here to terminate the Father's parental rights but this is a very serious matter and you should work with an attorney to represent you in such a case.

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  • What are my rights as a gay mother?

    I live in South Georgia with my daughter who is almost two. The order concerning custody and her father's standard visitation is now permanent. Her father knows about my sexuality, but is unaware of the woman I'm dating now. We are wanting to move...

    Emily’s Answer

    The answer to your question depends on a lot of factors. One of them is what the Agreement/Order states. Some Agreements/Orders will specifically say that a parent cannot have a guest with whom they are romantically involved spend the night unless related by blood or marriage. If you have that type of provision in your Agreement/Order, then your partner moving in would violate that provision and you would be in contempt. I recommend that you call some attorneys in your county or the county of your divorce and discuss your situation with them. Have a copy of your Agreement/Order handy so you can discuss the provisions in them (but know that most attorneys will likely want you to come in and read the Agreement/Order themselves). Good luck to you on this!

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  • My husband is my sole support. Rent he pays etc. If we divorce will he be required to continue till I get employment.

    My husband has left me 5 times this year and he goes to this other woman's house to stay. I feel neglected. I would like to seek a divorce. I have had odd jobs but he puts money in my account every two weeks. When we were married I was not working...

    Emily’s Answer

    You should speak with an attorney ASAP! You have a shorter term marriage so there will be a limit to how long your husband will have to support you/pay expenses especially because you have two degrees. I would begin looking for employment immediately as well so you have a headstart. Please call an attorney and discuss your case with them!

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  • Can my ex modify his child support

    My exhusband and I divorced in 2012. In our divorce papers he was supposed to pay 120.86. He never pays that amount and hasn't paid his part of the medical bills. We have a 5 year old son. He now has 2 small children with his girfriend and doesn't...

    Emily’s Answer

    Well, to be a bit blunt about it, it sounds like you are getting a bit screwed in this situation!! If he hasn't been paying child support or the medical bills and there are provisions about that in your divorce Order (which I am sure there are), you can file a contempt against him and, from what you are saying, you probably should do it ASAP! Not only to get the child support that is owed to you and to get the medical bills paid, but to also let him know that you are serious with this, you will not let him get away with these things, etc.

    As far as the modification because of his other children, there are specific rules as to whether other children qualify. Even if they do, the amount he pays for them is taken off of his gross income only and does not get subtracted from the number that he owes to you. The best thing to do though is to call some attorneys and discuss the details of situation to learn what your options are. Please call today!!

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  • Is it reasonable to tell the father his visitation will be on my terms if he does not want to legitimize our daughter?

    I have a 6 month old baby and the father and I were never married. I live in Atlanta and he lives in another state. He has not legitimized our child and am not sure if he plans to. He wants to avoid any legal proceedings (my guess is he does no...

    Emily’s Answer

    • Selected as best answer

    I highly recommend that you speak with a lawyer - not to retain them for any services but just to get a better understanding of the law, your rights, his rights, and what Courts may look to in the future if there ever is a legitimation case. It would be worth the money spent in an hour or two consultation. A few things to know related to your question:

    1) Until he legitimates the baby, he has no custodial rights at all. This means that he has no rights to visitation, to be informed of what is going on, etc.

    That being said, I do not recommend that you completely cut him off or anything like that because, whenever he does file to legitimate, you want to be able to tell the Court that you allowed him to visit on reasonable terms, etc. For custody, the Court will want to see that you did not simply keep the Father out of the child's life. I have seen judges change custody in some cases when this has happened (and there is another parent who claims to want primary custody).

    2) Even though he has not legitimated and has no custodial rights, he STILL HAS an obligation to pay child support. You can request child support be paid through Child Support Services.

    That being said, some Mothers choose not to initiate child support because it may lead to the Father then filing to legitimate the child. (If he is going to pay child support, he will likely want to establish his legal rights to the child.)

    3) Do your best to keep your communications in a written form -- ideally email rather than text messages -- and keep a copy of these communications. They may be helpful later if you need to show a Court that you have been reasonable.

    4) As far as the specifics of when, how often, etc., I recommend that you call an attorney and speak with them. You can tell them what you have allowed to happen, what your concerns are, and you and the attorney can brainstorm ways to address your concerns, etc. The parenting time situations with young babies are different than with older children because of things like their schedule, breast feeding if you are doing that, and the fact that they are still developing familiarity with people.

    I recommend that you call some attorneys, find someone you are comfortable with and get some more information for your situation!

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  • How long does It take divorce papers to be served?

    My attorney has filed the papers and according to the secretary they have received the "stamped" papers back, showing it has been successfully filed, and now waiting to be served, she said it could take up to a week-- Either they have not been ser...

    Emily’s Answer

    There is no set answer to this because it depends on how long it takes the process server (or sheriff) to get around to your case and how evasive the other party is being. I would tell you though that you should not ask your ex about whether he has been served and simply wait for notice that he has been served. Many people will try to evade service if they know it's coming which will certainly delay service!!

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  • I'm getting a divorce and can't before a Lawyer

    I was married for about six months and my wife wants to go to court and fight over a few little items like a TV and some curtains and the vacuum cleaner. She has a lawyer and I don't I cannot afford one but I did purchase those items myself but w...

    Emily’s Answer

    In any contested case where someone wants to take you to Court, you should have a lawyer. I agree with my colleague in that you should at least consult with an attorney about your case. All that being said, if it is a bunch of small stuff, you will likely end up spending as much with a lawyer as you would if you just gave her the small things she is asking for. I'm not saying necessarily to give her everything but just make sure you consider how much you really want to fight for some of these items.

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  • Do I need an attorney to keep full custody? Will I get full custody back?

    Me and my son's father were arrested for battery he bonded out I sat because I have probation. During that time. He filed for legitimation and full custody. The judge agreed to temporary custody due to incarceration but 60days to settle the matte...

    Emily’s Answer

    You absolutely need an attorney!!!!!!!! There are too many serious issues on the line like custody and the proper care of your child. Given what has happened and where things are currently, I highly HIGHLY recommend working with an attorney.

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  • Hey I need a divorce lawyer I want to know how much money I need to pay to get a divorce lawyer

    Hey my name is Ralph I'm looking for a divorce lawyer I want to know how much money I have to pay

    Emily’s Answer

    Unfortunately, no attorney can estimate how much your divorce will cost from start to finish. A lot of factors go into it that are beyond our control. The most important factor being how the other side behaves and how agreeable they are to reach a settlement.

    As far as an initial retainer, I would estimate that most firms require a retainer ranging between $3,500 to $7,500 depending on the issues in your case. Even then, that is a retainer and is not a flat fee (for most firms). You may be able to find some firms that offer lower rates or will do a flat fee. An attorney will need more information from you as far as the issues in your case before being able to quote a retainer

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  • I received divorce papers and need to answer. It will not be contested but I want alimony; How to answer this divorce.

    We have been separated since 1983. we have 7 natural children and 2 children from my previous relationship before we were married. I was responsible for their care --did get child support when it came and welfare. all children are over 18 now

    Emily’s Answer

    The first thing you need to do is call attorneys in your area!! You have a lengthy marriage which likely contains significant assets and debts. You are also asking for alimony. You should not answer the petition without having an attorney. Please call this afternoon and start the process!

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