Skip to main content
Suzanne Temple Prescott

Suzanne Prescott’s Answers

106 total


  • How do i request a paternaity dna test

    Suzanne’s Answer

    There are several DNA testing sites available that can help you. Of course, you will need the mother's cooperation if she has custody of the child since she will need to bring the child in for the test as well. I suggest looking online or in the phone book for a DNA testing site near you.

    You state that they are wanting child support for this child....has she filed anything with the court? If she has filed a request for child support, the Judge will order a DNA test if you are questioning paternity, but you need to tell the court that you want a test. If nothing has been filed yet, you should still get a test if you are unsure. If the child is yours, you need to talk to a lawyer about protecting your custody and visitation rights, as well as making sure that the child support amount is appropriate.

    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.

    See question 
  • Okay i went to stay with my grandmother for the summer but i dont want to come back home my parents take drugs and get drunk

    Suzanne’s Answer

    I'm sorry for your situation. Your grandmother needs to go see a family law attorney. It is difficult, but not impossible, for a grandparent to obtain custody. Whether your grandmother would be successful will depend on many factors that the lawyer can discuss with your grandmother.

    Many family law firms, like mine, offer free initial consultations. I'd be happy to speak with your grandmother.

    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.

    See question 
  • Father's visitation rights and non-child support payment

    Suzanne’s Answer

    There are several issues here that need to be addressed immediately.
    1. You state he has not paid child support since April of 2009. If there is a court order ordering him to pay a certain amount every single month, you need to file for contempt of court. He cannot simply stop paying child support.
    2. You also need to modify the parenting plan and potentially the child support order. It does not sound as though the situation at the father's house is safe or appropriate for the kids. Further, if he is not exercising his court ordered visitation, you may be entitled to an increase in child support.

    You really need to speak with an experienced family law attorney in your area as soon as possible. You need to bring whatever court orders you have to the meeting. The lawyer can help you decide how to proceed.

    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.

    See question 
  • How do I defend against a con-woman in a divorce case?

    Suzanne’s Answer

    Your attorney needs to be asking (in the form of discovery requests and depositions) for the evidence of these accusations that she plans to bring against you in court. One of the main reasons lawyers do discovery is so that they can find out every claim a party will be making, as well as the evidence that they plan to present to support that claim, prior to trial. If you are not represented, you need to speak with a family law attorney immediately. If you are represented, you need to have a serious talk with your lawyer about what his case strategy is. If handled appropriately, your lawyer should be able to use her lies to your advantage. If she lies on the witness stand, your lawyer should be able to impeach her, which will call into question the veracity of her entire court testimony.

    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.

    See question 
  • Can my wife go through child support services if we have not divorced yet?

    Suzanne’s Answer

    If you are living separately from your wife and children, she can seek child support from you to help with the children's expenses. You state you want a divorce, so you should definitely speak with an attorney immediately. It would be best if child support were handled in your divorce, rather than through the state. You need to make sure your rights to your children, as well as to your assets, are protected. Many family law firms like mine offer free initial consultations. I'd be happy to speak with you in more detail about your situation.

    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.

    See question 
  • My ex is on the mortgage until I buy him out. Does that give him rights to the property?

    Suzanne’s Answer

    I agree with the prior post. If your ex is coming into the home when you are not there, he could be in contempt of court, depending on what your divorce decree says about possession, use, and control of the house. You should discuss this issue further with an attorney if it has become a problem. I do not see any reason for him to be coming into the house if you were given use of the house in the divorce. I'd be happy to discuss this further with you in a free, confidential consultation.

    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.

    See question 
  • Fixing to be married... what name change options do I have?

    Suzanne’s Answer

    You can change your name after you get married without petitioning the court or going to court. You will just need to bring a copy of your marriage license to the DMV, social security office, etc. You can drop your middle name (Ann in the above example) entirely, or you can have 4 names. Good luck!

    See question 
  • If I had joint legal custody, primary physical and final say - and gave up temporarily primary physical

    Suzanne’s Answer

    If your question is whether the act of giving your children to your ex on a temporary basis would alter the terms of the final judgment and decree, the short answer is "no." Only a new court order (on a modification of custody) could formally change the legal and physical custody arrangements for your kids. However, if you do decide to change the custody arrangements of your final decree, you should not do so casually, or without speaking to a lawyer. You should speak with a family law attorney about the specifics of your case, and how giving custody to your ex, even temporarily, could effect your situation in the long run.

    Many family law firms, like mine, offer free initial consultations. I'd be happy to speak with you in more detail.

    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.

    See question 
  • What happens when oldest turns 18 when child support decree has one figure?

    Suzanne’s Answer

    You need to consult with an attorney. It is not necessarily correct that your ex would just pay you half, or $720. The child support laws have changed since you and your husband divorced. Now child support is based on both parents' incomes, and it takes into consideration expenses for the kids - health insurance, extra-curricular activities, private school, just to name a few.

    You can go to this website to access the Georgia Child Support Calculator to get an idea of what child support for your 1 child should be once the oldest turns 18. http://www.georgiacourts.org/csc/

    Further, you should also have an attorney review the child support language in your divorce decree. If it says that child support remains at $1440 until both children turn 18, then your ex husband would be in contempt of court if he unilaterally decides to pay you $720.

    The bottom line is that child support issues can be tricky, and you need to make sure you fully understand the current law as it pertains to you, your ex, and your children.

    My firm offers free initial consultations and I would be happy to go through the child support worksheets with you. Depending on what the worksheets show, it may be in your best interest to file a modification of child support, and I can help you do that.

    See question 
  • After adoption of child by stepfather is final and parents divorce and mother is biological do any adoptive rights terminate?

    Suzanne’s Answer

    Once a step-parent adoption is finalized by a Judge, and the step-parent becomes the legal parent of the child(ren), then a subsequent divorce does not terminate the adoptive rights of the step-parent. If you are having issues with the parenting plan that is in place with your ex-husband per your divorce decree, you can seek a modification of that parenting plan. You should speak with a family law attorney who specializes in child custody issues. He or she can help you decide whether you should pursue a modification of the parenting plan. My firm offers free initial consultations and I would be more than happy to speak with you further about this and help you decide what would be in your children's best interest.

    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.

    See question