Legal Question in Family Law in Georgia

The mother of my daughter keeps my daughter from me even though we have joint custody signed by a judge. She moves around and will not let me see her. Last year I gave her over 10,000 for child support because she lied and said she was in trouble, now she keeps asking for more but refuses to let me see her. If I just give up my parental rights will I still be resposnsible for paying child support? The agreement was $200 a month and she was told that the money was to cover my supports payments for quite some time since I had to pawn my car to give it to her.


Asked on 9/10/10, 10:41 am

3 Answers from Attorneys

Ralph Villani VILLANI LAW FIRM

Not enough information - what does the Order say?? where you married at the time or did you ever legitimate child - what proof of your payemtns where is she now etc etc etc

FAX me the Order and I'll look at it (770) 979-5190 -- make sure you give me all of your contact information and the biographical information on your wife and daughter and current residence(s).

Or seek out attorneys in the Fayete County area who do family law there

Good luck,

The above is only for information ONLY and if not intended as legal advice or as a contract for legal services - you must retain your own attorney for any and all legal advice for these matters.

Ralph

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Answered on 9/15/10, 10:56 am
Phillip M. Cook Cook Legal Services, LLC

(1) The divorce decree will contain the answer to your question about whether the mother can move around and where without the Court's permission.

(2) Your solution to the mother refusing to let you see your daughter is file a "motion for contempt" with the Court. The Court will ORDER the mother to let you see the daughter in accordance with the terms of the divorce decree. If the mother still refuses, the Court can hold her in contempt and send her to jail.

(3) In most instances, giving up your parental rights does NOT alleviate you from paying child support. The only 2 instances I can think of where a court will allow the parent to stop paying support is: (i) in the case of adoption of the child, and (ii) when the other parents voluntarily refuses the support.

(4) It goes without saying, stop giving the mother financial support that is not required by the Court decree.

I STRONGLY recommend that you hire a Georgia family law attorney to listen to the specifics of your case and advise you of your rights. A Georgia family law attorney can also help you file the correct documents in Court and represent you in front of the judge. If you cannot afford an attorney, there are MANY pro bono (free!) legal services throughout Georgia that may be willing to assist you with your family law issue.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/15/10, 10:59 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You said "f I just give up my parental rights will I still be resposnsible for paying child support?"

No. There is no such thing.

You DO have the right to go to court over denial of visitation. Unless you strictly complied with the support order she can do the same to you.

I practice in the county where you are. If you wish to retain counsel to handle this, and you do need counsel, please call me at 404-768-3509.

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Answered on 9/15/10, 11:43 am


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