Merlinus Goodman Monroe’s Answers

Merlinus Goodman Monroe

Gainesville Divorce / Separation Lawyer.

Contributor Level 12
  1. Can my partners ex stop me seeing his child?

    Answered over 2 years ago.

    1. Merlinus Goodman Monroe
    2. David A. Canale
    3. Ikemesit Amajak Eyo
    3 lawyer answers

    Let me add that it appears, from your question, that he may have already legitimated the child - you said that he "had to get legal help in order for him to have contact", and that is exactly what legitimation would be the FIRST step towards. Since you have a child with him, and are engaged to be married to him, she isn't going to likely be able to control his life with you. Further, since you are irrevocably in the child's life, the visitation would necessarily include you. The short answer...

    Selected as best answer

  2. What are the penalities in Ga for 1st degree felony child cruelty if no prior criminal history?

    Answered almost 2 years ago.

    1. Merlinus Goodman Monroe
    2. Noah Howard Pines
    3. Benjamin David Goldberg
    3 lawyer answers

    The relevant provision is Section 16-5-70 of the Georgia Code: "(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. (b) Any person commits the offense of cruelty to children in the first degree when such...

    Selected as best answer

  3. Do the courts consider psychological tests, i.e. Rorschach test in helping to understand the mental health of a parent

    Answered over 2 years ago.

    1. Merlinus Goodman Monroe
    2. Ikemesit Amajak Eyo
    3. Michael J. Olson
    3 lawyer answers

    The factors which the judge involved in a custody dispute (in which the standard is "the best interests of the child") may consider are enumerated in part in OCGA Section 19-9-3. These factors are listed in subsection (3) as including, but not being limited to, the following: "(A) The love, affection, bonding, and emotional ties existing between each parent and the child; (B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half...

    Selected as best answer

  4. Can I get a change of venue on visitation modification?

    Answered over 2 years ago.

    1. Merlinus Goodman Monroe
    2. Anthony M. Zezima
    3. Ikemesit Amajak Eyo
    3 lawyer answers

    Unfortunately, this will be very difficult to undo. It *is* possible to get this transferred on forum non conveniens grounds. You filed, and he Answered with a Counterclaim for full custody and a venue challenge. That means the Venue Challenge must be heard first, in Jefferson. For child custody matters, I have consistently found Jefferson to be a fair place, that is genuinely concerned about the well-being of children. You are going to need a persuasive lawyer, and I wish you the best...

    Selected as best answer

  5. What to do when the legal custodial parent in joint custody hides/refuses contact with other parent ?

    Answered over 2 years ago.

    1. Merlinus Goodman Monroe
    2. Ikemesit Amajak Eyo
    3. Steven Alan Fink
    3 lawyer answers

    The Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA) is a great way to go about dealing with this situation. Judge Jerry Bruce, who is the current Juvenile Court Judge in that Circuit, has a good understanding of the statute (as others on this site said, it is a compact that has been signed on in similar form throughout the South, at least, and the issue of child custody across State lines arises often in that part of the State, where the line with North Carolina is blurred)....

    Selected as best answer

  6. Can my soon to be ex-wife move 60 miles away with my children and enroll them in a new school without the court's permission?

    Answered about 2 months ago.

    1. Andrew Frasier Wehunt
    2. Anthony M. Zezima
    3. Merlinus Goodman Monroe
    4. Glen Edward Ashman
    4 lawyer answers

    To add to these answers, and to provide yet a THIRD voice to tell you that you MUST NOT try to navigate this on your own (things like this happen in divorces, and you should not risk such a serious, serious life event without the guidance of an experienced attorney), ask your counsel about filing a motion for contempt of that (presumed) standing Order, and of the (presumed) Temporary Order, both of which likely expressly address taking a child out of the school they are in and moving them...

    4 lawyers agreed with this answer

  7. The judge granted a motion to dismiss for one of the parties then issued an order granting a summary judgment for the others.

    Answered 5 months ago.

    1. Merlinus Goodman Monroe
    2. Alan James Brinkmeier
    2 lawyer answers

    If it disposes of the case finally, it is a "final order" for purposes of appeal. The date on the stamped, filed Order begins the clock/timetable for appeals, whether there are findings of fact made or not.

    4 lawyers agreed with this answer

  8. Went from 3 charges when arrested to 8 charges at arraignment...How is that possible?

    Answered 9 months ago.

    1. Noah Howard Pines
    2. Merlinus Goodman Monroe
    3. Daniel Ray Partain
    4. John Arnold Steakley
    5. James Lawrence Yeargan Jr.
    6. ···
    6 lawyer answers

    To expound on the correct answer by my colleague - the police make *a* charge, which is the essence of what you were charged with. However, the prosecutor actually looks closer at the evidence and determines every charge that is appropriate and provable in a court of law. The trafficking and manufacturing charges, together with the idea that there was apparently already a warrant from the DEA for your stepsister, indicates that you may be a tool in their prosecution of a "bigger fish"....

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What rights does my husband have to adopt my son if he was never legitimated by his bio?

    Answered almost 2 years ago.

    1. Birney O'Brian Bull
    2. Merlinus Goodman Monroe
    3. Charles Vincent Crowe IV
    4. Robert M. Gardner Jr.
    5. Sherry Virginia Neal
    5 lawyer answers

    As my colleague noted, the biological father is entitled to notification. He can make himself known at that point or not, and make an objection, or not. As my colleague also noted, it is doubtful that his objection will be weighty enough to ignore everything you have said in support of your husband's desire and actions in support of your adoption. Get a lawyer!

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. If the child is 17 but she doesn't wanna stay with her mother anymore how can someone else take custody of her?

    Answered almost 2 years ago.

    1. Emily Su-Hwa Yu
    2. Darrell Brinnett Reynolds Sr.
    3. Merlinus Goodman Monroe
    3 lawyer answers

    You need to understand that there is a big difference between where she is staying versus who has custody. If legal custody is the dispute - as it seems to be, from what you said - the way to effect a change in that custody would be to file a petition for modification. As my colleague correctly noted, you really need to sit down with a family law practitioner and attack that situation the right way.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful