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Rachel Aliza Elovitz

Rachel Elovitz’s Answers

996 total

  • Is my son legitimized?

    My sons father signed the PA at the hospital and signed the birth certificate as well. Is the pa supposed to be filled in the system within 60days? So does that mean that he has rights? Me and the father are not married.

    Rachel’s Answer

    1. Paternity and legitimation are NOT the same thing.

    2. Paternity refers to the biological relationship between a father and his child.

    3. Legitimation refers to the legal relationship between a father and child.

    4. Signing an Acknowledgment of Paternity in the hospital - and/or a Certificate of Birth does NOT render a child legitimate.

    5. Signing an Acknowledgment of Legitimation (consented to and signed by both parents) will serve to legitimate the child, but it will NOT entitle the father to parenting time.

    6. The father can file an action with the Superior Court to request visitation or custody.

    7. If the father and mother have not signed an Acknowledgment of / Consent to Legitimation, then he can file a petition for legitimation in the Superior Court and see visitation rights or custody.

    8. If he has already legitimated, then he can file the petition just to seek visitation or custody. His legal burden is two-fold: he has to show that he has not abandoned his opportunity interest to form a relationship with the child and that it is in the child's best interest that the legitimation be granted.

    9. And in seeking visitation or custody, he has to show that it is in the child's best interest that the visitation or custody be granted.

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  • Can I file for a motion without an attorney.

    I just went through a divorce on June 2, 2015. The judge rendered her order and now the opposing party has filed for a motion to reconsider some parts of the divorce decree order. I don't have an attorney, can I file a motion against the opposing ...

    Rachel’s Answer

    You can file a brief in opposition, but you have to be prepared to support your position with the facts, the law, and an appropriate legal analysis. You would be wise to retain an attorney.

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  • Can I find an attorney to handle my Child support review on a contingency fee?

    My son is 16. Of coarse I'm not looking for back pay but going forward has been difficult.I've been attempting to file since I picked my son up from his dads in June 2014. I can't even get passed the application process. I need a review. The old r...

    Rachel’s Answer

    No, it would not be ethical for an attorney to take your child support case on a contingency basis.

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  • If my lawyer knew this was a issue on custody, why would he keep this info,from me if it cause me harm at any time?

    after three years, we just agreed on a mediation agreement, however soon after, at final hearing all parties are in agreement, the Guardian is suddenly not.and reveals allegations of abuse, which my lawyer then tells the court, why did guardian wa...

    Rachel’s Answer

    You are not providing us with information we would need to give you an informed and meaningful response. However...

    It appears that you have an attorney, and ostensibly access to the GAL, and one or both should be able to answer questions about when the allegations of abuse were raised, by whom, the nature of those allegations, etc. If there is a GAL report and you have not seen it, ask your attorney to show it to you.

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  • Legitimate father?

    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...

    Rachel’s Answer

    • Selected as best answer

    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.

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  • What is the difference in joint custody and full legal custody?

    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.

    Rachel’s Answer

    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 activities

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  • What if the Plaintiff ask to resume her maiden name. It was granted but now she does not want to do it.

    Can I take her back to court?

    Rachel’s Answer

    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 choice

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  • Am I entitled to anything from my husband?

    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...

    Rachel’s Answer

    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.

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  • Child support not paid

    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...

    Rachel’s Answer

    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.

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  • I've been separated from my husband for 14 years and we have a daughter.

    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?

    Rachel’s Answer

    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.

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