You can file to be administrator, but you are not an heir and will not receive any portion of the estate. Your brother's children are his heirs and will receive the full estate. A guardian ad litem will need to be appointed for them to ensure that their interests are well represented during... View More

The only thing you can do is to file suit for visitation, and go through the court. Otherwise no, there is no way you can obtain visitation of a child, who's legal guardian will not allow you to see them.

If you are not on the loan or deed of the house, I am not sure of a way that you could stop her since your signature is not required to refinance. One you file for divorce, Georgia's "Standing Order" states that you cannot sell marital assets, but I am not sure if that would apply to... View More

The only way to attempt to stop your spouse from refinancing is to file for divorce. Then request a temporary hearing to address any temporary matters, where you can discuss the house, which I assume was the marital residence, even if your name isn't on the mortgage. But without filing for... View More

In order for the stepfather to adopt your child you would need to go through the proper steps to terminate the biological father's parental rights. Only then can the stepfather adopt, unless the biological father voluntarily terminates.

You will want to request a temporary hearing for child support and alimony (if granted). This will ensure he is ordered to continue payments as the divorce process begins if you plan to go that route.

The only way you can make your spouse pay any of your household expenses or any expenses for that matter is for you to obtain a court order. In order to obtain that order you have to file for divorce and have your spouse properly served. Then you can ask the court to hear any temporary matters... View More

According to the basic child support obligation chart, approximately $1,790. This number does not take into account the health insurance costs so the amount would be a bit lower depending on the health insurance amount. Daycare can be an additional cost as well if your child is of that age. I hope... View More

No one can calculate what your child support might be without breaking out the child support calculator. And even then, they don't know what deviations you might qualify for, which have to be entered, in order for the final gross monthly child support obligation to be correct. If you're... View More

There are no reasons a child should be physically abused and if DFCS is failing (typical) then your next stop is Law Enforcement. You will also benefit from a lawyer to ensure your child's complaints are being heard. Even if that means asking a judge to assign a Guardian Ad Litem for her.... View More

Filing for child support does not give any legal rights to the father. However, if you initiate a child support action, he may file to legitimize and to assert his legal rights. Then he could ask for some form of custody and/or visitation. So by taking him to court for child support, he may file... View More

No, child support and legal rights are separate, assuming that you were not married to him at the time of the birth. However, he can always file a legitimation action to establish legal rights and visitation. Paying child support does not automatically give you legal rights or entitle you to... View More

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answered on Apr 28, 2025

Go to the law library in your county and they will have answer forms. Sign up for Odyssey efiling to make sure you get notification of all court dates and documents.

If there are no court orders or custody agreements then the mother has sole legal and physical custody of the child, if you all were not married when the child was born. If you were married when the child was born then you both have the same rights and either of you can have the child. You... View More

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2025

If there is no custody order and you are not married to the mother, you have no rights. The mother has full custodial rights, which means she doesn't have to bring your child back. You have to file for legitimation and obtain a custody order.

If you received an Order dated April 17, 2025, I highly doubt a judge would entertain any modification at this time. Because if you were to file for a modification, the case is going back to the very same judge. And since it has been only days since they signed the Final Order, I can't see... View More

You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to... View More

The only way you can restrict who your children can be around is to take the other parent back to court and modify the current visitation so that it addresses who the children can and cannot be around. Because anything that is not in a court order does not apply, and neither party has to follow... View More

No one can tell you how the simple assault may or may not effect a custody proceeding. A simple assault that was not witnessed by the minor children, did not involve the minor children, etc. may not be something the court decides should impact that parents custody and/or visitation. But only the... View More

It is highly relevant but also very common for courts to deal with. The important part is the messaging to the Court, as the Court needs to balance Criminal Justice obligations with the best interests of the parties. Luckily this is in Civil Court, not Criminal, but you are still going to want to... View More