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Tori Kofie White

Tori White’s Answers

10 total

  • I have been served with an emergency custody order from my ex. I have to appear in court in 2 days. Where do I start?

    I asked for an increase in child support 2 weeks ago. Yesterday, I was served with an emergency custody order. The court date, which is in 2 days, was set 1 day before the child support judge was to rule on the child support update! He is tryin...

    Tori’s Answer

    I practice family law in Cobb County and would be happy to speak with you about your options. My office is pleased to offer limited-representation and coaching for situations exactly like this.

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  • I need a lawyer asap that will work with me on price/payments. Need to start ASAP

    Married in 96 (she told me she was pregnant with my child) after numberous infidelities on her part and extreme drug abuse. She was even hot when our third child was born and mandated to Drug and Alcohol classes through DFACS (gwinnett). I left ...

    Tori’s Answer

    First, I commend you for keeping your wits in, what I’m sure, is a difficult situation. Your children will appreciate the stability you can provide them during the proceedings. In fact, July is National Child-Centered Divorce Month, so I’m particularly encouraged after reading your post.
    I understand the urgency involved and having to fund such an endeavor can be challenging. However, it’s important going forward to have legal counsel that appreciates your commitment. I’m happy to sit down with you and explore your options. We offer limited representation as well as payment schedules that may be helpful as you process through the various divorce models that will be most beneficial to your situation.
    With that said, as you’ve demonstrated, the priority is providing your children with a consistent and healthy environment. As you take the steps necessary to promote such an environment for your children, be sure to seek the advice and assistance of legal counsel. Best of luck.

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  • How do you establish custody?

    I had a child with a man that lives in another state - nothing was ever established in court as far as custody - we were never married his name does appear on our child's birth certificate. Does he have any rights to the child - can he decide t...

    Tori’s Answer

    An order for legitimation is the only way a father of a child born out of wedlock in Georgia can be recognized as the legal father of the child and pursue custody and or visitation with the child. Although a petition for legitimation may raise claims of child support and custody, unless and until the petition for legitimation is granted, the child’s father has no legal status in relationship to the child. Absent such an order, he cannot ‘suddenly decide to keep him.’

    I’m unsure whether the child was born in Georgia. To determine jurisdiction that answer is relevant. It seems however, from your question the child was born in Georgia, has remained in the state and only the biological father lives out of state. If that is the case, the biological father seeking to legitimate his child must file a petition in the mother’s county of residence. There are options available related to where the petition can be filed, but the facts presented are not applicable to those exceptions.

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  • Need a lawyer to help me annul my marriage.

    My husband was married to another woman when he married me.

    Tori’s Answer

    I'm not sure if your question requests grounds for an annulment or whether you seek a lawyer to represent you.

    Either way, if your husband was a party to an undissolved marriage, he could not legally enter into a contract of marriage with you. Thus, if the present marriage is declared void, you would be entitled to either an annulment or petition for divorce (assuming grounds for divorce exist).

    I'd be happy to speak with you about your options going forward.

    Best of luck.

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  • What are rights for the non-custodial (secondary physical) parent of a child moving/living out-of-state?

    Primary physical custodian is moving with child out-of-state.

    Tori’s Answer

    II wish you the best going forward. I agree, if the parent granted primary physical custody seeks to remove the child out of state, the parent with secondary custody can petition the court for a custody modification. The court would then evaluate whether the move is in the child’s best interest and entertain arguments.

    If I may caution to always consult the final judgment for divorce. Parties sometimes seek to incorporate a self-executing change of custody provision into the final judgment. Although such agreements are not prohibited, the provision must consider the child’s best interest. The provision may be held to violate public policy and be unenforceable if subsequent moves do not consider always—“the best interest of the child.”

    From your question, I would gather you seek information for the secondary custodian’s perspective. Although a “self-executing” provision (if included in your final judgment) would serve your interests if the primary custodian violated its terms, it is always important to appreciate your options and any consequences.

    My law firm offers free consultations, and we’d be happy to discuss your options before moving forward.

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  • What are my legal rights in the state of Georgia to recieve visitation and custodial rights to my daughter that i help raise?

    I live in Georgia and I am fighting to see my daughter. I have taken care of her since birth, she shares my last name and I also signed the Paternity Acknowledgement form. I brought this information to court but the judge still ruled for a DNA tes...

    Tori’s Answer

    First, I applaud you for your efforts to ensure the child you've raised is supported. To answer your question, some information is necessary. I will presume you and the child's mother were never married (otherwise you would not have signed the paternity acknowlegment). Did you register the paternity acknowledgment in the putative father registry? Also, was there a final determination of paternity?

    Your remedies depend on a number of issues. Was the mother married to another man at the time the child was born or at anytime within the normal gestation period or if there is another legal father.

    Legitimation can be a complex issue because it deals with procedures and perhaps various parties. As you can likely see, the DNA test results, exclusively, do not preclude you from establishing you as the legal father. I would suggest you contact a family lawyer to work through some of these issues and how you should proceed.

    Best of luck!

    This is a general interest posting on a public website regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone. There is no way the amount of information in a website posting could be sufficient for the poster to provide informed legal advice. If you have legal questions pertaining to your situation, you should discuss them with an attorney, in person, and in sufficient detail for that attorney to provide you with confidential, competent legal advice.

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  • My ex moved my kids out of state & won't let me see or talk to them, though I have joint custody. What can I do?

    My ex-wife and I have joint custody of our kids, but she has physical custody of them. She moved to another state and I just recently found out that she moved to another state. She won't allow me to talk to them or see them. By Judges order, I am ...

    Tori’s Answer

    If your ex-spouse fails to adhere to a Court Order that outlines visitation, she can be held in contempt. Contempt means the willful violation of a Court Order. Absent a valid defense, your ex-spouse can be ordered to cooperate or face incarceration. What’s more, the judge can award attorney’s fees for the side bringing the contempt charge. That is not to say that you should rely on your ex-spouse to pay your attorney fees in deciding whether to pursue this matter. Quite the contrary; if your ex-spouse has moved to another state, it is imperative to contact a domestic litigation lawyer very soon. Depending on the term of residency in another state, your ex-spouse may be able to seek another state’s jurisdiction in matters relating to your childrens’ custody, visitation, etc.

    If you have further questions, I’m happy to consult with you and discuss Georgia's custody laws.

    ***This is a general interest posting on a public website, regarding general legal concepts.
    This posting is not, and should not be interpreted to be legal advice to anyone, or to
    create an attorney client relationship between the poster and anyone.

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  • Can I break my lease if i am no longer employed and can't afford to pay the rest of the months rent?

    If I got fired from my place of employment, is there a way out of my lease.?

    Tori’s Answer

    Assuming your tenancy is guided by a written lease, unless there is a clause that outlines unemployment would suspend the rent obligation, I concur with the previous post.

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  • Visitation prior to final divorce and Custody court orders

    My sister-in-law started the process of filing for divorce.The husband has been rude,combative,uncooperative and verbally abusive since they split.He has seen the kids once (he moved out of state) since the split, and during that visit, tricked my...

    Tori’s Answer

    Any divorcing spouse needs the support of family to progress into the new role of co-parent. Please advise your sister-in-law, that in addition to the support you provide, she is better suited during this process with the advice of a domestic relations attorney.

    That said, either of the spouses may request a temporary hearing while the parties wait to go to court in a pending divorce. This hearing is not a final trial. At this hearing, your sister-in-law can request the court's assistance to resolve issues of child custody, parenting time and child support. This is not an exhaustive list of issues to be tried at a temporary hearing. The judge will issue a temporary order that applies only until the time of the final trial (final judgment and decree of divorce). The temporary order can also serve as a prohibitive order to prevent one party from interfering with the other party's parenting time.

    As of January 2008, divorcing spouses with children are required to have a parenting plan that acknowledges both parents acceptance of each parent's place in the child/childrens' lives. Further, the plan must detail where the child will spend each day and with which parent. Again, this is only a brief sketch of the issues and specifics to be included in the parenting plan. It's vital to consult a family law attorney for enlightenment of the specifics

    Best of luck to you and your family as you navigate these issues.

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  • I have married 5years now to a us citizen we are now seperated and he wont give me a divorce!

    is their any way i would be able to file for my papers on my own since ive bin married for 5years and he wont give me a divorce.can someone help need advice

    Tori’s Answer

    As I see it, your question poses two separate issues. The first is whether your current spouse must consent to a divorce. I can answer that question simply; no. To file and receive a marriage dissolution in Georgia, the non-filing party must have notice of the proceeding. Of course there are both jurisdictional and residency requirements, but neither appear to be an issue from the question posed. On the other hand, an uncontested divorce is executed with the consent of both parties.

    Your second issue is whether your naturalization can be affected because of a divorce. To give you a complete answer is not possible with the facts you've presented. However, just to provide a sketch of the current naturalization laws; a U.S. citizen may petition for certain family members to receive either a green card or a Visa based on the shared relationship. The emphasis is on "shared." Barring certain exceptions, such as spousal abuse, a divorce proceeding can affect the sponsorship process.

    Now, to provide a more thorough answer I would need to know your current resident status in the U.S. There are also several issues that may affect your ability to "file for yourself' for example exit and entry.

    It is very important to contact a competent immigration attorney who also can advise on the affects of matrimonial dissolution on your immigrant status. Many of the issues raised are extremely time-sensitive.

    ****This is a general interest posting on a public website, regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone. There is no way the amount of information in a website posting could be sufficient for the poster to provide informed legal advice. If you have legal questions pertaining to your situation, you should discuss them with an attorney, in person, and in sufficient detail for that attorney to provide you with confidential, competent legal advice.****

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