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Michael Shane Welsh
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Michael Welsh’s Answers

269 total


  • Can a competitor of the same business move in right beside me? This would be like verizon and sprint being right beside

    I own a Electronics repair/cellphone and computer business and there is a competitor doing the same thing moving into a suite 3 spots down from me in the same building. I was wondering are there any laws that could prevent this competitor from mov...

    Michael’s Answer

    Generally this area is governed by contract, not by statute. Review your lease with the building - there may be a provision that prevents the landlord from leasing to another tenant in the same business. If there are no protections in the lease, you may still have some leverage with the landlord to negotiate a fix, either by credits against your rent or an early move-out or some other relief. Depends on a lot of factors. Probably worth your time to have an attorney review your lease as a first step.

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  • Hi, This is my second DUI in 2 years. Would my license be suspended and Will I go to jail? What if i get a good attorney?

    What if i get a good attorney and pay more fees to hire a attorney. Would that help in anyway to win my case or help in ALS hearing??

    Michael’s Answer

    My advice is to find a way to hire a good experienced attorney to represent you. Without one, you will almost certainly have your license suspended and you may face jail time. With a good attorney, you can fight the charges, challenge the evidence where appropriate and potentially negotiate a result that you may not have been able to obtain alone.

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  • I am a father looking to get custody of my children to get them out of a dangerous situation.

    I am a father of two who has found himself in a confusing situation. I had both of my children with the same woman out of wedlock. My daughter is 4 and her brother is 3 years old, they have lived with me off and on for the last 4 years. Their moth...

    Michael’s Answer

    The next step - and the first and last step - is to hire an attorney to help you. Based on the facts you outlined here, your children are at risk. Act immediately to protect them. The fact that you already are pursuing a child custody case on your own and still got locked up should be enough evidence for you. Although you don't include relevant facts as to the basis for the warrant for your arrest, you are putting your children at risk by not having a qualified attorney guiding you through this process. Get one today.

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  • How do I get a standing order lifted, in regards to legitimation summons?

    My daughter was visiting her dad in Atlanta and he filed for legitimation while she was visiting, he won't return her because he says the standing order gives him custody until a judge decides. I don't live in GA and it's been 6 months I still hav...

    Michael’s Answer

    You absolutely need to hire an attorney to assist you with this matter. Only after reviewing the legitimation petition and determining what legal steps the child's father took can an attorney advise you on your options.

    It seems outrageous that he could have kept the child from you for 6 months without you having a day in court to be heard on custody. What county is the case in? What grounds did he assert for not returning the child to you? Was he paying child support? How old is the child?

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  • My husband of 30 yrs asking for a divorce. I am on disability only bring in 1,079.00. He makes 220,000 Yr. everything is in his

    everything is in his name. The home will be payed for in 2yrs. Will I be able to get property settlement? And will I be able to get alimony? We have had no sexual relations in 6yrs? Is that grounds for alienation of affection

    Michael’s Answer

    You need to consult, in person, with a family law attorney asap. You will be at a significant disadvantage if you allow him to control the process and if he has an attorney and controls the finances. You have the right to seek a fair split of all marital assets, including investments, the value of the house, etc. Please seek advice in person from someone immediately. You can find many fine attorneys through this website.

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  • I am divorcing my wife of 3 years having had a relationship of 5. I have bonded closely with her children do i have rights?

    The children in question are 5 and 7 the youngest thinks i am her real father and the oldest knows im not but calls me daddy since i have been for 5 of her 7 years can i get visitation?

    Michael’s Answer

    Did you adopt the children? Do you and your wife have children of your marriage? Unless you legally adopted the children, courts will not grant you rights to visit with them. But, if they now have a brother or sister born of the marriage, that may give you an argument for maintaining some kind of relationship. The best option will be for you and your wife to agree on some sort of ongoing relationship. You should hire an attorney with that in mind.

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  • Can my husband put me and our kids out now that he wants a divorce with nowhere to go

    we have been married for 13 years we seperated july of 2013 and got back together january of 2015, and are still together. The house we live in is the one he got while we were apart. now he wants a divorce but can he put me and out kids out with...

    Michael’s Answer

    You need to hire an attorney to assist you immediately to protect your rights. Only a judge can decide who gets to live in the marital home, but if your husband demands that you and the children leave, you may need the protection of the court to stop him. Your husband can't "put you and your kids out" legally without a court order. But he can make it intolerable for you. Any property he acquired while you were married may be marital property, which means that even if he acquired the home while you were separated, it may still be considered the marital home. Seek local legal advice asap.

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  • Change of Venue and Ground for Appeal. Judge is NOT willing to let at facts...he made it personal.

    I have been drug back and forth to divorce court (twice) by my wife because she does not agree with the judges'. Neither do I. Every time she goes back…she get more and more. I would like to have a fair, unbiased, and impartial judge look at my ca...

    Michael’s Answer

    An attorney will need a lot more information before being able to advise you on venue and appeal options. Based on your post, it sounds as if you do not have an attorney - you should get one asap. What county do you live in? Are there minor children born into the marriage and what county do they live in? When did she file for divorce? Did you file an answer? A counterclaim for divorce? Is there a final order yet? Has there been a temporary order entered yet? Has there been any written discovery? The best way to "approach having this case moved on appeal" is to seek in person legal advice from an attorney to whom you provide answers to the questions listed above.

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  • Can you be given a DUI if no one pulled you over and you are arrested from your Home in Georgia

    I recently had my sister in law make a complaint against me that I had run her off the road and almost caused her to have an accident or shortly after her complaint was made the police arrived at my house with my vehicle was still warm from not ...

    Michael’s Answer

    You need to consult in person with an attorney as soon as possible. What evidence did they use to arrest you? To take you to the hospital? What evidence did they obtain from the hospital? Do you have a copy of the police report concerning your sister-in-law's complaint? Do you have your arrest report or your citations? As my colleague said, there is missing information. You will be best served by collecting whatever information and documentation you have and talking with an attorney to protect your rights.

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  • Grandparents visitation rights in Georgia . Am I wasting my money to try and pursue with a lawyer?

    Son not married to 4 yr old granddaughter's mother. Both are keeping granddaughter from us for no reason other than jealously, immaturity and spite. Are the grandparents rights in Georgia worth pursuing?

    Michael’s Answer

    Your post does not provide enough information to make an educated response. Yes, grandparent visitation is worth pursuing if you are being denied a relationship with the grandchild. But, Georgia law provides for specific grounds to seek such visitation through the courts. You would be best served by spending an hour consulting with an attorney who practices in this area to get a detailed response.

    Some factors to consider: Are the son and the 4 yr old's mother living together as husband and wife? Is the child in danger or living in an unsafe environment? Have you spent time with the child previously? Have you supported the child and/or her parents in the last year or so? Are the child's parents involved in a custody or child support case?

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