Skip to main content
Rachel Aliza Elovitz

Rachel Elovitz’s Answers

996 total

  • Does 10 yr old need a place to study and a quiet environment from legal standpoint? Divorce, family law, custody, visitations

    My daughter is 10 yrs old and lives with me. She has visitations with her father every other weekend and once weekly. She's doing well in school and is in advanced classes. She has a hard time studying at her father's house as there's no place for...

    Rachel’s Answer

    Have you tried to discuss this concern with your child's father? Yes, academics are very important, but so is fostering healthy, parent-child relationships. Perhaps an area can be used for your daughter to do her homework and to study, e.g. at a dining room table - while the younger children play in a separate room or outside? If you and the child's father are not communicating well or at all, then it may be wise to talk to a child specialist not just about this concern, but about how to communicate more effectively generally and how to reduce conflict for your child's benefit, as well as what your respective concerns are. Best to you and your family

    See question 
  • How do I go about getting emergancey temp custody of my two daughters I am worried about their physical safety.?

    Both of my daughters have been mentally and physically abused by my ex husband and his wife, every time they come for their visit they have bruises and they are been mentally abuse harrassed, interrogated every time they go back to his home. They ...

    Rachel’s Answer

    If you truly believe that your children are being abused...if you are seeing marks on their bodies indicative if what may be physical abuse...if the children are telling you that they are being hit or punched or beaten, then I'm presuming you have taken them to their pediatrician to be examined? Spoken to their father about your concerns? Are the children seeing a child specialist? Have they made an outcry of abuse to him or her or to a teacher or school counselor? Has CPS done an investigation?

    You need to share all of the relevant facts with a family lawyer before deciding how to move forward. It may be appropriate to file an emergency petition or to seek a modification of custody or parenting time, but if you have not felt the need to take the children to a doctor to be examined and if they have not made an outcry of abuse and if there is no visible evidence of abuse, then you do need to be careful as my colleague suggested.

    Raising a claim of abuse is serious, and it can negatively impact someone's life and a parent's relationship with his or her children. It's not an allegation that should be made lightly. If it is made falsely, it can also negatively impact your credibility in court, help your ex should he bring a modification action against you, and result is a strained relationship between you and your children, who would likely grow up resenting your efforts to keep them from their father, if those efforts were unfounded.

    See question 
  • What the total cost to legitimatized a child, with the attorney fee, the court fee and any other fee

    the child is 3

    Rachel’s Answer

    It depends on various factors, including, but not limited to, these:
    1. The attorney you retain and his or her hourly rate;
    2. Whether you and the child's mother participate in some form of negotiation, collaboration, or other alternate dispute resolution process;
    3. But are you resolve your case without the need for protracted litigation;
    4. Whether you take depositions and engage in other formal discovery;
    5. Whether there is a custodial evaluation, guardian ad litem investigation, psychological eval, psychosexual eval, forensic evaluation, addiction evaluation. parenting assessment, etc.
    6. The county in which you file and the amount of the filing fee, as well as any service fee or special process server fee;
    7. Whether paternity is disputed and genetic testing ordered;
    8. Whether she evades service and you have to file a motion for service by publication;
    9. Whether there is a legal father to whom the mother was married when she gave birth to your biological child - and you have to terminate his parental rights...

    See question 
  • Am I able to file a child abandonment warrant on the father of a child if they live in another state?

    Childs father has not paid any support since child was born (4 months). Paternity test was done and he is the father of the child. Continues to refuse to help, but lives in another state. Will I be able to file child abandonment warrant in Georgia?

    Rachel’s Answer

    I don't imagine the state would extradite him for child abandonment, but you might ask a criminal attorney. You'd probably have to file a warrant there, but here is something to think about -

    If he goes to jail and loses his job, how does he pay support? How does he begin to form a relationship with your child?

    Why not contact DHS - the Division of Child Support Services? You can apply for services on line. They will file an action for support in the appropriate court, and when an award of child support is granted, they will collect and monitor payments and take appropriate steps to ensure compliance, ie suspending his license if he doesn't pay.

    See question 
  • Can a divorced couple fighting about custody

    Hire an outside mediator? Agree on custody between themselves?

    Rachel’s Answer

    You said that you are divorced but dealing with custody issues. If you decide to modify custody or parenting time, while it is certainly preferable to go so amicably and without the necessity of having a trial or protracted litigation, you still have to file a petition, any agreement, and obtain a modification Order (incorporating the agreement) before the new terms will be enforceable. You do not have to use a mediator affiliated with the court but it would be wise to use someone who is properly certified and registered with the GODR (Georgia Office If Dispute Resolution)

    See question 
  • Can an individual become a custody mediator not having a connection to the court system?

    Meaning to help couples come to an agreement outside of court?

    Rachel’s Answer

    Are you asking about getting trained? If so, you do not have to be an attorney or affiliated with the court system. I'd contact the Justice Center of Atlanta about their basic and divorce mediation training.

    See question 
  • How do I enforce a court order for child support??

    My husband and I seperated in Sept 2009. I filed for divorce in Nov 2009. It was final in August 2010. He was ordered to carry insurance and pay child support. He has yet to pay. When I called the court to ask what to do, they told me to take him ...

    Rachel’s Answer

    Call DHS - the Division of Child Support Services. You can actually apply online for their services. You will not have to pay for a lawyer, as it will be the state seeking to enforce the child support judgment. I'm writing this from my phone, so I cannot cut-and-paste the link for you, but if you google "Georgia DHS Division of Child Support Services," it will come up. They will transfer the matter to the DCSS office in the state in which her husband is residing, but you will be able to apply here.

    See question 
  • Is my ex wife entitled to money that was filed after we divorced

    We were divorced in 2006 and my sister and brothers filed a medical malpractice for my dad who died in 2009 and I was single then

    Rachel’s Answer

    No, your ex-wife is not entitled to part of any judgment awarded to your father for malpractice done to him.

    See question 
  • Change in custody agreement?

    If my ex and I made a custody agreement 3 years ago in which the judge signed off on, would we get the same judge if we go back to ask to modify the agreement since we now require a long-distance parenting plan since he moved.

    Rachel’s Answer

    Yes, if the same judge is still on the bench.

    See question 
  • What can I do if I was drunk and don't remember what I told the police? Fiance charged with aggravated assault and battery.

    Me and my fiancé had an argument while drinking. I asked him to leave but he refused so I decided to leave the home and call the police to avoid a mutual combat. I fell outside, I didn't have on any shoes or my glasses when the police arrived I c...

    Rachel’s Answer

    Post your question to criminal defense attorneys. Go speak with a therapist about why you want to marry someone who gives you a bloody nose and mouth, if in fact, he did. If you're someone who wants a family, think long and hard before you marry someone who it's going to be abusive to you in front of your children or possibly abuse your children.

    See question