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Shelley A. Senterfitt

Shelley Senterfitt’s Answers

35 total

  • My verbally and emotionally abusive husband wants to divorce me. He says I beat him and children which is not true. What to do?

    My mom has a stage 4 cancer. So he is spreading rumors that because of the grief I've become aggressive and he is afraid for the life of our children (15 year old daughter who is constantly emotionally abused by him, 3 year old son and 1 year old ...

    Shelley’s Answer

    You definitely need to hire an attorney. An attorney is important in any case involving child custody, but once there are domestic violence allegations, the case becomes even more complex. Additionally, it sounds as though your husband may have filed a protective order against you. You should not go to the protective order hearing without a lawyer. The court will have to assess the credibility of both parties in order to decide whether his allegations are valid, so you need a good family lawyer to help present your case. Good luck.

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  • I pay child support, after getting my daughter legitimized can the mother stop me from getting joint physical and legal custody?

    I pay child support and my ex girlfriend has kept me from my daughter for two years, she only wants me to see her when it convent for her. She will not sign the legitimation papers and I want my daughter for joint physical and legal custody she li...

    Shelley’s Answer

    You definitely need to hire a family lawyer. Until you file an action for legitimation, all custodial rights to your daughter are vested in your ex-girlfriend. That means she can decide if and when you can see your daughter. If she will not sign the legitimation papers, then you will have a contested custody action on your hands which is not something that can be handled without a lawyer. Whether you will receive joint physical and legal custody will depend on a range of factors which a good family lawyer should be able to discuss with you. Good luck.

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  • Can I get my right to bear arms back even though I pleaded nolo to simple battery (family violence act) over 7 years ago?

    I spent a little over 24 hrs. in jail, completed an anger management class as directed, and was released from probation after completing anger management class and paying fines! This was my first and only time being in trouble other than a couple ...

    Shelley’s Answer

    Federal law prohibits possession of a firearm by anyone convicted of a misdemeanor crime of domestic violence. Assuming you pled guilty of simple battery, this would constitute a misdemeanor crime of domestic violence. You should consult with a criminal defense attorney to determine whether you could get your conviction expunged so that you wouldn't have the conviction on your record, but I believe the standard for expungement is fairly high. Do not possess a firearm until you get this issue resolved - the federal penalties for violating this law are quite steep.

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  • My ex & I are separated & expecting a child soon. He's proven to be unstable & wants joint custody. What are his chances?

    We have never been married. I say he is unstable due to I believe he is bipolar but refuses to continue seeing his doctor & took himself off his medication without doctor approval. He has ended our relationship several times after a outrageous ver...

    Shelley’s Answer

    I agree with the previous responses. You may wish to contact the local domestic violence program that serves your county. They have support groups and other resources available to those in abusive relationships. You can call 800-33-HAVEN and you will be connected with the program that serves the county from which you are calling. Good luck.

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  • Can i revieve child support if im still legally married to my childrens father even though he is in jail?

    i have filled non contested divorce papers and my husband who is currently in jail has not signed them. we have two children together, is there anyway to recieve child support ?

    Shelley’s Answer

    You definitely need to retain a lawyer. I agree with the previous response - your case is not uncontested if your husband has not signed a settlement agreement. Being in jail does not excuse a parent's obligation to support his or her children. In any final order, the court will address child support, but unless your husband has a family member who is willing to pay on his behalf, you will not receive such support until he is released. At a minimum, you should consult with a lawyer to understand your options.

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  • If my divorce papers have anything wrong with them does it mean that I am not legally divorced

    need as much info to help my case for child support

    Shelley’s Answer

    It depends on what is wrong in your divorce order. You need to meet with an attorney who can review your papers and advise you.

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  • My husband says I cheated, but not true. Will this affect me if I file for divorce?

    My husband insists that I cheated on him, although that is absolutely not true. I told him I wanted the divorce yesterday and he's coming up with ways to make me the guilty one. How does this affect me in the divorce process?

    Shelley’s Answer

    Adultery is one of the fault-based grounds for divorce in Georgia. If a court were to grant a divorce on a fault-based ground, the court can take a party's "fault" into account when equitably dividing marital assets. However, adultery is exceedingly difficult to prove. Additionally, the overwhelming majority of divorces are granted under the no-fault ground of irreconcilable differences. Under this ground, the court doesn't address which party was at fault for the divorce. While your husband may be alleging adultery now, he may not be able to prove it so it may be a non-issue in your case. Like the other responders, I recommend that you consult with an attorney to better understand your rights in a divorce.

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  • How do I get my Son back from his father ASAP?

    I have a 2 year old Son to which I have sole custody of, Visitation with his father was never discussed in court and was never put on paper so I let his father have him when he wants to. Lately, it's been getting harder and harder to get my Son ba...

    Shelley’s Answer

    I agree with the previous response - you definitely need to consult with an attorney. In addition to reviewing your custody order to determine your civil options, an attorney may be able to help you get assistance from law enforcement. Feel free to call our office at 404-588-3000.

    Shelley Senterfitt

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  • Upon divorce, can I stay in the house even though it's in both our names?

    I am seeking to get divorced from my husband. We have a house that cannot be refinanced at this time so it will have to stay in both of our names indefinitely. If I keep paying the mortgage, can I stay in the house, upon his agreement, and where o...

    Shelley’s Answer

    There may be a way for you to assume the loan, rather than refinancing, to get your husband's name off of the mortgage. If that is not an option and you will need to stay in the house, you will definitely need to consult with an attorney to prepare an agreement regarding the disposition of the house. In the current economy, many divorcing couples must deal with this situation but I agree with the previous post that even a brief consultation with an attorney may save you a great deal of trouble down the road. Good luck.

    Shelley Senterfitt

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  • How can i get my kids back from dfacs

    dfacs took me and my children out of our home due to no water and power and it was suppose to been back on the next day so then it lead to me and my husbands dimestic violience from prior to this they put us in a shelter for battered women and df...

    Shelley’s Answer

    I agree with the previous answer - you should try to retain an attorney to help you. If a deprivation action has been filed, then you should be able to get an attorney appointed to represent you at no cost to you. Ask the battered women's shelter you went to if they can help you to make arrangements for an attorney. You may also want to ask the shelter about what kind of support they may have to help you in addressing your husband's violence towards you. If you do not have the phone number for the shelter, you can call 1-800-33-HAVEN and you will be connected with the shelter that serves the county from which you are calling. Good luck.

    Shelley Senterfitt

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