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T. Rabb Wilkerson III's Answers
Contributor Level 6
- 7 Legal Answers
- 0 Legal Guides
1
Attorney answers:
What if the victim drop all the charges he had on the defendent? what will happen to the case?
Once charges are filed, the prosecutors have discretion as to whether or not to pursue the case. In some cases, they may choose not to pursue the case if the victim declines to prosecute, but they are not required to dismiss the case. One other note, if you (the person asking the question) are the defendant, you must be very careful not to be accused and charged with attempting to influence a witness.
2
Attorney answers:
What is the penalty for cruelty to childrens on 3rd degree?
If it is a first or second offense, cruelty to children (3rd degree) is a misdemeanor and can carry a sentence of up to 12 months in jail. A third offense is a felony and carries a sentence of 1 to 3 years.
1
Attorney answers:
How do you read a child support worksheet for the state of GA to determine child support to be paid out?
No. You do not subtract the child support figures due from each parent to determine the amount paid. The figure found on Line 13 (Final Child Support Amount) is the amount owed by the non-custodial parent to the custodial parent. No further calculations are necessary.
1
Attorney answers:
Can I move to Florida?
It sounds as if you and your ex-wife share joint physical custody of your son and that you have the "tie-breaker" decsioin making authority. That decsion making authority does not authorize you to modify the custodial or visitation schedule, so a court order modifying the existing order would be necessary because the child cannot live one week in Florida with you and the next week in Georgia with his mother. It is also possible that your ex-wife could petition the court to modify the order and...
1
Attorney answers:
How do I terminate my ex-husbands rights to my child?
A biological parent's rights to a child can be terminated by a Juvenile Court if certain specific critera is satisfied. Failure to maintain a relationship for a period of a year or longer is grounds to terminate. However, the Court is sometimes hesitant to terminate a parent's rights in the absence of a new adoptive parent ready to assume that role. The Court could veiw doing such as leaving the child without a parent who could support the child or entitle the child to benefits such as...
1
Attorney answers:
Is it possible to still attempt to collect the child support arrears from the biological father after a stepparent adoption?
At the time the decree of adoption was entered, any child support obligation owed by the biological father was terminated. However, if there was court-ordered child support owed at the time of the adoption, it may still be collected through an enforcement action. I do not believe that the Office of Child Support Enforcement will open a case under these circumstances (although it cannot hurt to ask) so you may have to file a Petition for Contempt or hire an attorney to do so for you.
2
Attorney answers:
Do i need an attorney?
Because of the complex issues involved, I recommend that anyone charged with or accused of a crime retain legal counsel to assist them through the process and protect their rights.