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Questions Answered by Regina Irene Edwards
Q: Can my military status affect child custody in Georgia?
I am active duty military in Georgia and considering divorce. My wife insists that because I might be deployed, the courts will grant her full custody of our children, leaving me with only visitation rights. We currently do not have any custody arrangements, and she does not want to share custody... View More 
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Regina Irene Edwards
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answered on Jul 3, 2025
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answered on Jul 3, 2025
There is no rule that says someone's military status means the other person automatically gets custody. There are multiple factors that the court considers in awarding custody.
Ocga 19-9-3
(3) In determining the best interests of the child, the judge may consider any relevant... View More
Q: Can I file an extension for a legitimation summons with 2 days left?
I received a summons for legitimation and there are only 2 days left to file my answer. I have been attempting to obtain a veteran-assisted attorney but have not been successful yet. The attorney I contacted said they need at least 48 to 78 hours to review my situation. Can I file an extension... View More
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Regina Irene Edwards
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answered on Apr 28, 2025
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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.
Q: What actions can a father take to establish custody when the mother threatens to keep the child?
I am a father trying to allow my daughter's mother to have visits with her, but the mother has threatened not to return our child. There are currently no court orders or formal custody agreements in place. However, I have safety concerns about my child's living conditions with her mother.... View More
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Regina Irene Edwards
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answered on Apr 21, 2025
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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.
Q: How to file for divorce when spouse is incarcerated in Georgia?
I need to know how and where to file for divorce. My husband is incarcerated for life in Jackson County GDC, and I live in Haralson County. We have been married for 13 years and have a 15-year-old daughter. There are no shared properties, and I'm not seeking any support or alimony.
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Regina Irene Edwards
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answered on Apr 9, 2025
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answered on Apr 9, 2025
This is a very easy and inexpensive case for an attorney to handle. The case will be filed in your home county and he will be served in prison. If he does not file a response, a final hearing is scheduled and the divorce granted.
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Q: Can I appeal the Georgia order in a custody case moved to Tennessee?
I am involved in a custody case that originally opened in Georgia. The primary custodian relocated to Tennessee during the case without notifying the court or the other party. Subsequently, a case was filed in Tennessee, requesting a transfer of venue after the primary custodian resided there for... View More
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Regina Irene Edwards
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answered on Apr 6, 2025
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answered on Apr 6, 2025
Here's your problem: an appeal may not help you. Even if there was something improper about Georgia terminating jurisdiction, even if you won the appeal, the remedy would just be to have the order set aside and a new order entered. Georgia always has the power to terminate jurisdiction... View More
Q: Is There a Case Law / Law's in Georgia were Father was granted Primary Physical Custody in a none married couple case?
Is There a Case Law / Law's in Georgia were Father was granted Primary Physical Custody in a none married couple case? Child live with both parents from birth, mother moved out the home1st time, child continue to live with father, mother moved a 2nd time to another county, again child continue... View More
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Regina Irene Edwards
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answered on Jan 23, 2025
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answered on Jan 23, 2025
Neither party "should" be granted custody. It's a case by case basis based on the facts under that case. The court considers all the following, then decides. OCGA 19-9-3
(3) In determining the best interests of the child, the judge may consider any relevant factor... View More
Q: How to handle visitation when father is not legitimized?
H
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Regina Irene Edwards
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answered on Jan 2, 2025
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answered on Jan 2, 2025
You do not have to let the child go with the father based on what happened. You can file a case for paternity and child support, and he may choose to counterclaim with a request for parenting time. But speaking with an attorney about establishing a child support case would be the next step.
Q: I am contemplating leaving my husband. Is there a basic beginning to starting this process?
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Regina Irene Edwards
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answered on Nov 12, 2024
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answered on Nov 12, 2024
You need to gather all of your financial information and then consult with an experienced family law attorney in your area. Here are some steps you can take:
1. Organize Your Financial Documents
List Your Assets and Debts: It’s important to have a comprehensive list of your... View More
Q: Can a custodial parent submit doctors bills after the decree is completed?
The child support decree ended on my son’s 18th birthday and the mother sent me doctor bills from 11 months ago after the decree ended.
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Regina Irene Edwards
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answered on Sep 5, 2024
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answered on Sep 5, 2024
A decree doesn't always "end" on a child's 18th birthday, and definitely does not if the child is still in high school. If the bills were incurred while your child was a minor or in high school, you may still owe. Consult with an attorney who can review your decree and give you specific advice.
Q: How can I fire a lawyer he had not responded to me in one month? Any example letters? I paid 50% of a flat rate upfront.
The payment was in two more payments. However, after no progress on my case for a month I communicated that I need to know what work has been done on my case. The law firm then notified me that they had hired a fraudulent lawyer to work on my case that they now fired. However, when I asked for my... View More
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Regina Irene Edwards
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answered on Jun 17, 2024
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answered on Jun 17, 2024
You can terminate representation for any reason. It doesn't have to be fancy. You can just send an email saying "I no longer wish to work with you as my attorney. Please stop work on my case and I am hiring someone else. Thank you."
Q: I am filling for a contested divorce and the lawyer of the respondent doesn’t want to submit the necessary documents
What can I do for the lawyer to submit the documents needed
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Regina Irene Edwards
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answered on Jun 3, 2024
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answered on Jun 3, 2024
The other side only has to submit documents if you have asked for them the correct way. If you have properly filed and served request for production of documents, interrogatories and request for admissions, you have to follow up to make an effort to resolve the dispute. If you have done that,... View More
Q: i want to move my divorce from gwinnett to walton county ga
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Regina Irene Edwards
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answered on Dec 15, 2023
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answered on Dec 15, 2023
The divorce can only be moved from county to county if the case was filed in the wrong county. If the marital home was in Gwinnett or the respondent lived in Gwinnett at the time of filing, venue is probably correct in Gwinnett.
Q: I live with a friend and pay rent + electricity. My girlfriend also lives with us, but does not pay. I want her out.
I recently broke up with my girlfriend, who has no job and pays nothing, but lives with me in my friend's house. She then abruptly revealed that she is pregnant, a child I do not want. She agreed at first and scheduled an appointment to have an abortion, but is now changing her mind, holding... View More
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Regina Irene Edwards
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answered on Nov 19, 2023
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answered on Nov 19, 2023
1. In Georgia she is allowed to record without your consent.
2. You can't evict her because it's not your house. You certainly can move if you want to be away from her.
3. You can't force her to have an abortion.
4. She can have the baby and seek child... View More
Q: How to avoid providing W2 during child support discovery in Georgia?
I am involved in a child support case and wish to avoid providing my W2 during the discovery process, as I feel it is private and not relevant. I am currently providing pay stubs for the past year but have received no legal advice on financial disclosure requirements and have no prior court rulings... View More
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Regina Irene Edwards
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answered on Jul 11, 2025
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answered on Jul 11, 2025
Your W2 is not private and must be provided.
Q: Am I required to pay or divide assets post-separation with 100% disability status in GA?
I am a recently granted 100% disabled veteran. I separated from my spouse over 4 years ago, and we are approaching a 10-year marriage anniversary in 2026. We have no legal separation agreement and no children, but I still carry my spouse on my military medical benefits. I bought a house last year... View More
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Regina Irene Edwards
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answered on Jul 10, 2025
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answered on Jul 10, 2025
Assets and military pay are subject to division in the divorce. The court will decide exactly what that division looks like.
Q: How to avoid providing tax returns during child support discovery?
I'm involved in a child support case, and during discovery, the opposing lawyer has requested my tax returns. There are existing agreements related to child support from three years ago. How can I avoid providing my tax returns in this situation?
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Regina Irene Edwards
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answered on Jul 10, 2025
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answered on Jul 10, 2025
You can't avoid it. Tax returns are relevant to determining child support.
Q: Confused about responding to a child support modification summons within 30 days in Georgia.
I received a summons for a child support modification, which requires me to file an answer with the clerk of the court within 30 days. The summons includes a financial questionnaire, but I'm unsure if I'm supposed to submit this alone or if I need to file another type of answer because I... View More
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Regina Irene Edwards
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answered on Jul 7, 2025
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answered on Jul 7, 2025
You will need to file an Answer as well. You can go to the law library and get a sample of the Answer. However, it's best to hire an experienced attorney to guide you through the process.
Q: Am I required to allow summer visits if the father doesn't adhere to schedule?
I have a court order with the father of my twins that alternates custody weeks during the summer. However, he only takes them from Saturday to Sunday, citing work obligations. This has been the arrangement for 7 years. I'm the primary source of income for the twins and work full-time. I love... View More
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Regina Irene Edwards
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answered on Jul 3, 2025
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answered on Jul 3, 2025
You have to allow the visits. You can't deny his parenting time just because he doesn't utilize all of it.
Q: What form is needed for an emergency custody hearing in Georgia?
I would like to file for an emergency custody hearing, but I'm unsure of the specific form I need. I am the father of the children, and they have been in my care for the last four months. Their mother has abandoned them on numerous occasions and hasn't provided them with a stable home for... View More
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Regina Irene Edwards
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answered on Jun 11, 2025
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answered on Jun 11, 2025
There isn't a specific form. You need to file a modification for custody and a motion for emergency hearing. It usually goes a lot smoother if you have an attorney who is experienced with your particular court and procedures.
Q: How to file for uncontested adoption in Georgia without formal paperwork?
My husband would like to adopt my son, as he has been in my son's life since he was 8 months old and he is now 6 years old. We are seeking an uncontested adoption, and due to financial constraints, we want to file the paperwork ourselves. However, our county in Savannah, GA, does not have... View More
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Regina Irene Edwards
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answered on Jun 10, 2025
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answered on Jun 10, 2025
You cannot do an uncontested adoption, unless the biological father consents. Either way, you need an attorney to do this properly. This is not a DIY situation. The bio father must be served and my try to obtain rights, so it can become complicated very quickly.
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