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Ellaretha Coleman
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Ellaretha Coleman’s Answers

33 total

  • What do i expect from a child abandonment hearing? What can my witness testify to? How do these hearings work?

    I filed a child abandonment warrant on my ex husband. He is $4,000 behind on BACK child support, there is no current order. We have a hearing on monday. Back child support was awarded in our divorce Dec. 2014. I am in family dependency court, i wa...

    Ellaretha’s Answer

    During a child abandonment hearing, you must present evidence that your children's father has failed to provide support for the children for a period of more than 30 days. Additionally, you can file a contempt action against the father to force him to pay on the past due support. If the abandonment warrant does not motivate him, file the contempt and ask that he be held in the county jail until he purges the contempt by making a substantial payment towards the arrears.

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  • How long does it usually take for a GAL to finish and file her report after he/she has been assigned?

    I'm waiting on a guardian ad litem to finish their report. It's a custody/visitation case. Both parents live close, nothing extraordinary about the case. It's pretty simple other than the other parent doesn't want me involved. Please don't give an...

    Ellaretha’s Answer

    The time for a guardian ad litem to complete their investigation can greatly vary on the particular circumstances of the case. If there is a concern regarding the time that the investigation is taking, simply ask your assigned GAL when they anticipate providing a report and what additional information is needed to complete their investigation. In my experience, most GALs are pretty forthcoming with this information.

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  • Which departments should be contacted for correction of birth certificate in Georgia ? I currently live in Washington .

    I was born in Georgia in 1993. I changed my first name legally in 2015. for which Ihave a certified court document. My birth certificate only shows my last name. First and middle name are blank/empty on birth certificate. ISSUE : I am a...

    Ellaretha’s Answer

    The Georgia Department of Public Health, Vital Records Department is responsible for maintaining and correcting birth certificates. With a certified copy of your name change order, they should be able to update your birth certificate.

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  • Can I get a modification? Will I still have to pay her child support for my daughter?

    I have 2 children with my children's mother (1 boy and 1 girl). Their mom resides in MD and I live in GA. This past June we mutually agreed for my son to move to GA with me. However, the current child support order still has me paying her child su...

    Ellaretha’s Answer

    I agree with the prior attorneys' answers. A modification of custody and child support is needed as there has been a material change in circumstances since the issuance of the original order. Additionally, if you do not file the motion to modify child support and custody, you remain on the hook for child support that may not have otherwise been owed because one of the children resides full time with you. Mom may also change her mind and come get the son, since legally she is still the primary custodian. For all of the above reasons, you should move forward with filing a modification of custody and child support to protect the interests of yourself and your son.

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  • How can I fight a TPO against me even though I filed one first?

    I come home from work to my husband in bed with another woman and I was arrested for battery. He lied to the police and said I attacked him but I was only defending myself because he was choking me. The police believed him because he had scratches...

    Ellaretha’s Answer

    • Selected as best answer

    The court will typically hear both TPOs at the same time. Each party will need to prove the allegations of their TPOs. It will be imperative that you show evidence of his repeated phone calls to you after your arrest and also bringing your family members who he has harassed in an attempt to contact you to testify on your behalf. This will demonstrate that he has no fear of you and there's no need for a protective order against you. Because there are minor children between you two, the court will have jurisdiction during the TPO hearing to decide custody on a temporary basis if either TPO is granted. Accordingly, you should consider retaining counsel to represent you during this process.

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  • Would it be better to go back to Georgia where I have no help or stay in Kentucky where I have some help?

    I live in Kentucky, but the divorce and child custody is in Georgia. I was abused once physically and verbally all the time. I have no money at the current moment. I'm autistic and don't fully understand legally what can happen. One child that is ...

    Ellaretha’s Answer

    I agree with the previous attorneys. It is impossible to answer this question substantively without knowing more information on your circumstances. What is especially troubling regarding your inquiry is that you stated that you lack an understanding of the legal divorce process. You should consult with an attorney to discuss your options and obtain a clear understanding of the process.

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  • Is it true that a pregant minor can get a marriage license without parent consent and be released from child custody?

    I have no situation. I just want to update myself. I read that a pregant minor can get emancipated and apply for marriage license without a parent approval a few years ago, but I don't know if it still applies as of today

    Ellaretha’s Answer

    The previous attorneys are both correct. This is no longer the law of the land.

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  • What can we do about our child custody issue?

    My husband has children from a prior relationship and would like to see them more often. the mother of the children says her reason for not allowing him to see them when he wants or more often is because she says she does not feel he deserves to. ...

    Ellaretha’s Answer

    I agree with the advice of both of the previous attorneys. The first place you need to look is the legitimation order. There is typically a parenting plan incorporated into that order that outlines what visitation he is entitled to. If she is not following that schedule he can file a contempt action. Additionally, if she is interfering with his visitation rights and in violation of a visitation schedule, he should also consider a modification of custody action. Judges look very harshly upon a party that is not willing to foster a relationship with a non-custodial parent. He should see legal counsel to discuss his options.

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  • Does it cost to get temporary custody, where do I go. Can I find a lawyer to make him pay for divorce, since I work for McDonald

    Caught my husband with another woman. Worried he will get my two babies. Want a divorce

    Ellaretha’s Answer

    As Attorney Colwell stated, there are filing fees associated with filing for divorce unless the court waives your filing fees. You may qualify for a waiver based on your income. You would need to complete an application for waiver of your filing fees and pauper's affidavit with the clerk of court of the county where your husband lives. If you are not able to afford an attorney, you should also contact the legal aid agency in your county to see if you qualify for free representation through their agency.

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  • How are inherited assets divided during a divorce that are not protected by a trust.

    divorce question

    Ellaretha’s Answer

    I agree with Attorney DiSalvo. Typically, inherited assets are not subject to equitable division in a divorce case and are separate assets of the inheriting party. However, in some circumstances, those inherited assets may be converted into marital assets. You should contact a divorce attorney for specific advice on your situation.

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