My ex and I were not married when I had our daughter. We then got married, divorced and a custody agreement was in the divorce. Months after the divorce he tried to get full custody but dropped the case later. He informed me years later he knew be...
He is her legal father. In Georgia, if you marry the mother of your illegitimate child and hold the child out as your own, then that acts to legitimate the child. Moreover, when you divorced, there was a judicial finding that he is the father by virtue of the fact that he was awarded parenting time with and ordered to pay child support for the children. You cannot now claim that he has no rights to the children.See question
My husband wants joint custody with me having the final say. What does this mean? Is this something that I want to do? I get child-support, final say and claim them on my taxes.
1. First, there is a difference in physical custody and legal custody. Physical custody involves where the children lay their heads at night. Joint physical custody is when the parents have equal time with the children or something closely approximating equal time like a one-week-on / one-week-off or 2-2-3 schedule.
2. Legal custody involves decision-making for the children. When we speak about legal custody we are talking about four areas of decision making: medical care and treatment, education, extracurricular activities, and religion.
3. Sole legal custody means that you have sole decision making authority. Joint legal custody is fairly commonplace. It means that you have an obligation to confer and make a good faith effort to come to mutual decisions regarding matters of legal custody. Usually, someone has final decision making authority in the event of a stalemate. Sometimes final decision making authority is divided - e.g. one parent has final say over education and medical decisions and the other parent over religion and extracurricular activitiesSee question
Can I take her back to court?
Take her back to court for what? If her maiden name was returned to her in the decree, it is up to her to take the steps necessary to change her name with Social Security, get a new license issued, etc. When you married her and she took your name, it became as much hers as yours, and whether she retains it or not is her choiceSee question
My husband never sent back our marriage license to be filed in pierce county WA, we now live in GA and i have nothing of my own, including money, and since were not legally married, i don't know how to leave since i have nothing of my own. Am i en...
Did you have an intent to marry? Was there solemnization? It sounds from your post that the answers to both inquiries are "yes." In many states the failure to obtain a license will not invalidate a marriage. Speak to a lawyer in your area about whether you have a valid marriage and can obtain a divorce. If you are in Georgia, look at OCGA 19-3-30.See question
My ex and I were not married when our daughter was born. Married then divorced joint custody but I am who she is supposed to live with primarily. I got a full time job so she started spending more time at my exes so his mom could watch her after s...
If there is an existing Order for support under which he has an arrearage, and that Order has not been set aside, vacated, or modified by a subsequent Order, then you need to speak with an attorney about filing a post judgment petition for contempt. Neither you nor your ex can waive the children's right to child support, and if he never modified, then he still owes under the original Decree.See question
I filed a divorce twice before and he wouldn't signed, but now I don't have any contact with him. I really want and need a divorce!!! What can I do?
You can file for divorce and do not need his consent or acknowledgement of service (if that's what you mean by "signature") to do so. Where you file and how you perfect service depends in the answers to questions we don't have from your post:
1. Do you know where your husband is living? Is it in Georgia?
2. Do you have or can you obtain an address for him?
3. Have you tried to find his whereabouts by doing a google search, a white pages search, looking on social media websites, talking to relatives or mutual friends? Do you have a work address for him?
Consult with an attorney in your area who practices family law.See question
When it comes to being married and living together,, there is no disputes of custody. Why can't we get our divorce first, then modify custody after?
I'm not clear on what you are asking. When parties dissolve their marriage, and when children are born the issue of that marriage, the state has an interest in protecting the children by making sure that they continue to have appropriate access to both parents consistent with their best interest and that they are financially supported by their parents consistent with their duty under the law and again in furtherance of their best interest.See question
My husband has been in prison for three years now, he has two more years to serve. He went to prison 2 months after we were married. We had prepared ourselves for this separation. I have since then moved to Georgia while he is still in North Carol...
Call your local Bar Association - if you are in Stone Mountain, then it's probably the Gwinnett Bar Association and ask for a pro bono referral. They probably have a website and contact number in line. You can also try making the same inquiry re a pro bono appt with the Georgia Bar at 404-527/8700.See question
He doesn't have any property or anything of value. It's been almost a year since he was ordered to pay $1300/month plus $31,000 in fees here in Georgia. He is 11 months behind now and I discovered he moved to Hawaii and verified where he is work...
It has long been the rule in Georgia that an application for contempt must be filed in the court that rendered the decision. In divorce cases that means that the contempt action generally must be filed in the court that entered the divorce decree. The legal theory that gives the court which entered the decree the right to punish for contempt is that every court has the power to compel obedience to its own judgments.
In the Buckholts case (251 Ga 58), the Georgia Supreme Court found that it was necessary in the context of divorce and alimony cases to depart from the general rule that a contempt action must be brought in the offended court. In that case, the Supreme Court held that where a Superior Court other than the Superior Court rendering the original divorce decree acquires jurisdiction and venue to modify that decree, it likewise possesses the jurisdiction and venue to entertain a counterclaim alleging that the plaintiff is in contempt of the original decree. That rule was reiterated in Crutchfield v Lawson in ?2014.
In your case, it doesn't sound like any modification action is pending. The court that would have subject matter jurisdiction and venue jurisdiction would be the court in which the original decree was entered.See question
Been separated since February 2009
It depends on a few answers to a few questions:
1. How long have you been in Georgia? You said that you've been separated since 2009, but that does not mean that you've been in Georgia that entire time. Have you been here more than six months?
In Georgia, the court does not have jurisdiction to hear your divorce case unless you have been a bona fide resident prior to filing your petition/complaint for divorce.
2. Are you simply seeking to dissolve the marriage? Or are there other issues that need to be resolved? By other issues, I mean are there issues of alimony, equitable division of property, custody, child support...?
If you are simply looking to dissolve the marriage and not requesting any other relief, then you need only show that the court has jurisdiction over the "res of the marriage." The court can render a judgment "in rem" with respect to the marital property located within its territory.
3. If you have been in Georgia more than six months, but there are issues other than the dissolution of your marriage that need to be tried, then you could still proceed here if your wife was willing to waive any objection to venue and personal jurisdiction.
Personal jurisdiction over the defendant is required if the person filing for divorce, the petitioner/plaintiff, is seeking relief other than the grant of a divorce.
Do you know if your wife would be willing to waive any objections to venue or personal jurisdiction?
If you don't know the answers to these questions or do not understand these legal concepts (and candidly, even if you do), it would be wise for you to retain a family law attorney to represent you.See question