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David A. Canale

David Canale’s Answers

315 total


  • What advice would you give me to tell her what to do in this situation

    my girlfriend child's father is trying to get full custody of her son. He barely spends time with his son. the mother does everything for their son she buys him shoes and clothes feeds him shelters him. handles all his dealing in school. father do...

    David’s Answer

    There is insufficient information to provide a full answer to this question. The answer will depend upon whether they were ever married, whether the father legitimated the child, whether there is currently a court order in place, etc. I recommend that your girlfriend speak to an attorney and provide all of the facts, so that a complete answer can be given.

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  • How can I get temporary or permanent custody of my son.

    I have an 8 year old son who has been living with me for 9 months and is enrolled in school here with me in GA. His mom never lived here in GA she lives in MD, she's only been to visit our son only 3 times during this 9 month period. How can I get...

    David’s Answer

    You will need to file to legitimate your son and also seek custody. This should be done ASAP. At this point, GA has jurisdiction over the custody issues between you and his mother.

    Custody cases are extremely complex, and I strongly recommend that you consult with an attorney before proceeding. You need to hire an attorney to represent you.

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  • Does he still pay child support if a judge has not relinquished his obligation?

    During our last court date, in August, I put the offer he previously given back on the table. For him to terminate his rights. Now we are 4 months later, after he agreed, I have signed my half of the paper work and am still waiting for his half. H...

    David’s Answer

    Under Georgia law, a parent is required to support their child until the age of majority or graduation from high school unless the child reaches the age of 20 before graduating. The only other way that the obligation ends is if the child is adopted. Even a termination of parental rights will not stop the child for obligation. It continues until entry of a final judgment of adoption.

    I strongly recommend you get another opinion from another attorney.

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  • Should I leave our marital home while we are contemplating divorce?

    My husband and have been having marital problems for a few months now. He thinks it would be a good idea for us to spend a little time apart...about 2 weeks to see what it is that we both need and want. If I leave for a short period of time am I g...

    David’s Answer

    It is generally best to remain in your marital home until your case is resolved. I would strongly recommend that you speak to an attorney in your area for more information.

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  • Is a completed domestic relations financial affadavit required if divorce is uncontested wo minor child. and no alimony?

    My spouse and I are not fighting about property, or any matter.

    David’s Answer

    Generally, a financial affidavit should not be required in your case. This is especially true if it is uncontested. The final answer will depend upon the jurisdiction where the case is filed. You might be able to speak to the clerk of court or an attorney in that county to find out if the affidavit is needed.

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  • If my son's father files joint custody or just gives up his rights as a parent, either way, does he still have to pay CS?

    I filed CS support against my son's father when he was two weeks old. Mainly because he was not around and doesn't help financially. He has not seen my son since he was two months old and now my son is 5 months. He used to help with daycare costs ...

    David’s Answer

    • Selected as best answer

    Under GA law, a parent cannot just "give up rights" to a child. If you and the father were not married, then he has no rights to the child anyway. He still, however, has a legal obligation to support the child. He must legitimate the child before seeking custody rights, but until he does, you have sole custody and all rights to the child.

    He likely is making threats about custody to get you to back off pursuing him for child support, but you should continue your efforts to get him to pay support. He is still legally obligated at this point to support the child.

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  • Child support

    My question is that if you had a child support case that was closed by the state when the child turned Eighteen but now they are being served again for the case that was closed the child is now Twenty Two and and the payments that they are trying ...

    David’s Answer

    It sounds like your friend is being pursued for an arrearage of past payments. Unfortunately, under GA law past due child support does not go away--there is no statute of limitations on it. The only issue is the size of the monthly payment. Your friend needs to speak to an attorney, who can hopefully negotiate a reasonable monthly payment for him.

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  • Please can someone help, my husband is getting his own lawyer for divorce and I don't know what to do.

    My husband and I got married almost 4 years a go and we have no childrens together. We have came up to the conclusions that we can't be together anymore. I'm agreeing to get divorced. I'm a full time student and work part time. He works full time ...

    David’s Answer

    Never sign legal documents without speaking to an attorney first. Although your case sounds like it will be fairly straightforward, you need to have an attorney review the papers to confirm that they contain terms with which you agree. Many attorneys will review documents prepared by another for a reasonable fee. I strongly recommend that you hire an attorney to do that for you.

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  • What are grandparents rights in custody case where paternity is established, but legitimation is being sought?

    Bio mother is incarcerated until June if not longer. I received an ex parte order that has been continued by the judge, due to continuation of 3 hearings where opposing council seems to be buying time in hopes of mother getting out of jail. My 9 m...

    David’s Answer

    Your question is a bit unclear, but from what I can gather you are the bio dad seeking to legitimate and receive custody. If the mother is represented, then you definitely need a lawyer yourself. You do have options and the case cannot be continued forever, but you will need a lawyer to press the case forward for you.

    With paternity established, the next step is to legitimate the child. I agree that the grandmother has no standing to object. However, she could have the right to seek custody in certain circumstances. But if the child has been living with you, and that can be proven, then you should have a stronger claim for custody than the grandmother.

    Custody cases are very complicated, and you should definitely seek an attorney for assistance.

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  • My husband & I were going through a divorce but it was never final & we ended up getting back together...

    We have a daughter together. He came up with a parenting plan to where he had her full time & I only get her on the weekends.. But since our divorce wasn't final.. Does that parenting plan mean anything? Because my daughter should be with me full ...

    David’s Answer

    The parenting plan is not binding until approved by the court. If you and your husband reconciled after the divorce was filed, then the divorce is subject to dismisal but could be refiled.

    I recommend that you consult with an attorney and provide a complete summary of what has occurred. Only then can you be fully advised of your options and how to proceed.

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