Legal Question in Family Law in Georgia

my dad is not in good shape,he doesn't have a computer.

My Dads wife is trying TO make him leave his home.My dad is 71.He has sugar has A heart problem,is on disability.His wife makes 1689 every two weeks she doesn't give him any money.She works 12 hours a day,6 days a week.My dad has a lod car and truck she is telling him to get out or she will sell them both and give him no car.But she drives a new car.SHE HAS SAId if he ndoesn't move out she will put him in a nurseing home.and tell them he isn't able to stat by himself.She also screams at him and tell him to leave now or she will tell the law he is mean to her.They bought them a new moble home but she only put it in her name.She said she did that so he couldn't get it.I need to find out what he can do.my dad can't work cause he has blockages in his leg.He had a operation on a blockage in his neck.She doesn't buy food for him to eat.She knows the doctor told her with him having sugar he needs to eat right.Soi take him food and fruit over to eat.So please let me know what to do for him.Dad doesn't have a computer so he ask if i could find out.Thank you. I REMAIN:


Asked on 9/28/03, 5:45 pm

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: my dad is not in good shape,he doesn't have a computer.

Well, first off, his wife is going way too far here. He certainly has absolutely no obligation to leave on her demand. She can sell what is in her sole name, but she cannot sell what is in his unless she has his power of attorney. What you should do is get his power of attorney and withdraw any and all funds he has a right to withdraw (separate, joint accounts, etc.), and use them to provide his support.

Then, he should consider immediately filing for divorce. If he goes into divorce, he can get an equitable division of all marital property, regardless in whose name it is in, but in Georgia, that's the only way. If he files for divorce, he could consider doing under the grounds of cruel treatment. Her conduct in denying him food endangers his life, so he could be able to make that out. The advantage of that is that he may be able to get spousal support from her. He could even get possession of the marital residence and have her kicked out, since she is the one working and who is healthy.

Your family needs to pull itself together and help get him money for a good divorce lawyer so he can extricate himself from this situation before she kills him. She sounds crazy.

If she becomes violent towards him, he should file a family violence act petition and he can get her removed from the premises on a temporary protective order. I recently even got a family violence act restraining order against a wife who took and hid his truck and denied any knowledge. We recovered the truck in about 3 weeks. Georgia's family violence law language is very broad, and even reaches some things not classicly considered violent.

Also, have him authorize you to move his vehicles out of there, if they are in his name.

There is a lot that could be done here. Let me know if you have more questions. You can e-mail me at [email protected].

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Answered on 10/03/03, 6:16 pm


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