Motion to Amend in PAYNE VS TAYLOR| Trellis.Law

On November 02, 2021 a Complaint,Petition was filed involving a dispute between Payne, Lauren Ashley, and Taylor, Chad Ellis, for Other Domestic Relations* in the District Court of Gwinnett County.

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IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA

LAUREN ASHLEY PAYNE,
PETITIONER,
CIVIL ACTION FILE NUMBER
V.
21-A-08580-9
CHAD ELLIS TAYLOR,
RESPONDENT.

RESPONDENT’S AMENDED ANSWER AND COUNTERCLAIM TO
PETITON FOR FOREIGN CHILD CUSTODY DETERMINATION, PETITION TO
MODIFY CUSTODY AND SUPPORT, AND PETITION TO CHANGE NAME OF
MINOR CHILD

COMES NOW, CHAD ELLIS TAYLOR, by and through his undersigned attorney, and files

Respondent’s Amended Answer and Counterclaim to Petition forForeign Child Custody Determination,

Petition to Modify Custody and Support, and Petition to Change Name of Minor Child and states and alleges as

follows:

ANSWER

Respondent admits the allegations contained in Paragraph 1 of Petitioner’s Petition for

Foreign Child Custody Determination, Petition to Modify Custody and Support, and Petition to

Change Name of Minor Child (hereinafter referred to as “Petition.”).

Respondent admits the allegations contained in Paragraph 2 of Petitioner’s Petition.

Respondent admits the allegations contained in Paragraph 3 of Petitioner’s Petition.

Payne v. Taylor
In the Superior Court of Gwinnett County
Answer and Counterclaim
CAFN: 21-A-08580-9
4.

Respondent denies the allegations contained in Paragraph 4 of Petitioner’s Petition.

Respondent admits the allegations contained in Paragraph 5 of Petitioner’s Petition.

There are no allegations in Paragraph 6 of Petitioner’s Petition, therefore Respondent cannot

admit or deny.

Respondent admits the allegations contained in Paragraph 7 of Petitioner’s Petition.

Respondent denies the allegations contained in Paragraph 8 of Petitioner’s Petition.

Respondent admits the allegations contained in Paragraph 9 of Petitioner’s Petition.

10.

Respondent denies the allegations contained in Paragraph 10 of Petitioner’s Petition.

11.

Respondent states that he has insufficient information to admit or deny the allegations

contained in Paragraph 11 of Petitioner’s Petition, should an admission or denial be required,

Respondent denies the allegations contained in Paragraph 11 of Petitioner’s Petition.

12.

Respondent states that he has insufficient information to admit or deny the allegations

contained in Paragraph 12 of Petitioner’s Petition, should an admission or denial be required,

Respondent denies the allegations contained in Paragraph 12 of Petitioner’s Petition.

Payne v. Taylor
In the Superior Court of Gwinnett County
Answer and Counterclaim
CAFN: 21-A-08580-9
13.

Respondent states that he has insufficient information to admit or deny the allegations

contained in Paragraph 13 of Petitioner’s Petition, should an admission or denial be required,

Respondent denies the allegations contained in Paragraph 13 of Petitioner’s Petition.

14.

Respondent admits the allegations set forth in Paragraph 14 of Petitioner’s Petition.

15.

Respondent admits the allegations set forth in Paragraph 15 of Petitioner’s Petition.

16.

Respondent admits the allegations set forth in Paragraph 16 of Petitioner’s Petition.

17.

Respondent responds to Paragraph 17 of Petitioner’s Petition as follows:

(a) Respondent denies the allegations set forth in Paragraph 17(a) of Petitioner’s

Petition.

(b) Respondent denies the allegations set forth in Paragraph 17(b) of Petitioner’s

Petition.

(d) Respondent denies the allegations set forth in Paragraph 17(d) of Petitioner’s

Petition.

(e) Respondent denies the allegations set forth in Paragraph 17(e) of Petitioner’s

Petition.

(f) Respondent denies the allegations set forth in Paragraph 17(f) of Petitioner’s
Payne v. Taylor
In the Superior Court of Gwinnett County
Answer and Counterclaim
CAFN: 21-A-08580-9
Petition.

18.

Respondent admits the allegations contained in Paragraph 18 of Petitioner’s Petition.

19.

Respondent denies the allegations contained in Paragraph 19 of Petitioner’s Petition to the

extent that Petitioner seeks to deny Respondent (Father) all visitation and parenting time with his two

sons.

20.

Paragraph 20 of Petitioner’s Petition is a request for relief and cannot be admitted or denied

but to the extent Paragraph 20 states that Petitioner should retain full legal and physical custody with

no parenting time or visitation by Father, the allegation is denied.

21.

Respondent denies the allegations contained in Paragraph 21 of Petitioner’s Petition

22.

Respondent denies the allegations contained in Paragraph 22 of Petitioner’s Petition as

stated but admits that child support should be determined according to Georgia law.

23.

Respondent denies the allegations contained in Paragraph 23 of Petitioner’s Petition.

24.

There are no allegations in Paragraph 24 of Petitioner’s Petition, therefore Respondent

cannot admit or deny.

25.

Respondent admits the allegations contained in Paragraph 25 of Petitioner’s Petition.

Payne v. Taylor
In the Superior Court of Gwinnett County
Answer and Counterclaim
CAFN: 21-A-08580-9
26.

Respondent admits the allegations contained in Paragraph 26 of Petitioner’s Petition.

27.

Respondent denies the allegations contained in Paragraph 27 of Petitioners Petition.

28.

Paragraph 28 of Petitioner’s Petition is a request for relief that cannot be admitted or denied

except that Respondent responds by stating that the requested relief should be denied.

29.

Respondent responds to Paragraph 29 of Petitioners Petition as follows:

(a) Respondent denies the allegations set forth in Paragraph 29(a) of Petitioner’s Petition.

(b) Respondent denies the allegations set forth in Paragraph 29(b) of Petitioner’s Petition

(d) Respondent denies the allegations set forth in Paragraph 29(d) of Petitioner’s Petition.

30.

Respondent states that he has insufficient information to admit or deny the allegations

contained in Paragraph 30 of Petitioner’s Petition, should an admission or denial be required,

Respondent denies the allegations contained in Paragraph 30 of Petitioner’s Petition.

31.

Respondent denies the allegations contained in Paragraph 27 of Petitioners Petition.

COUNTERCLAIMS FOR DOMESTICATION, LEGITIMATION AND VISITATION

32.

Respondent has been a resident of Blowing Rock, North Carolina, and has been for a period

of six (6) months or more immediately preceding the filing of this Counterclaim.

Payne v. Taylor
In the Superior Court of Gwinnett County
Answer and Counterclaim
CAFN: 21-A-08580-9
33.

Petitioner is subject to the jurisdiction and venue of this Court. Venue is proper for these

parties in the Superior Court of Gwinnett County, Georgia.

34.

On or about May 9, 2011 the parties were issued an Order and Decree of Parentage, Custody

and Support issued by the Fifth Judicial District Court in and for Washington County, State of Utah,

Civil Number 114500388, which set out the legal and physical custody of the minor child Colton Ellis

Taylor, a male born in 2010.

I. Domestication of Order and Decree of Parentage – Colton Ellis Taylor (Born 2010)

35.

Pursuant to the parties’ Decree, Petitioner has sole legal custody and sole physical custody of

the parties’ non-marital, minor child Colton Ellis Taylor.

36.

The Order and Decree of Parentage, Custody and Support issued by the Fifth Judicial District

Court in and for Washington County, State of Utah, Civil Number 114500388, should be domesticated

in Georgia so that the Order can be modified to allow for joint legal custody of and reasonable

visitation with the minor child Colton Ellis Taylor.

II. Legitimation - Cache Elliott Taylor (Born 2017)

37.

The parties have a second, non-marital, minor child Cache Elliot Taylor, a male child born

in 2017.

38.

Respondent hereby seeks to judicially establish his legal paternity of the second, non-marital,
Payne v. Taylor
In the Superior Court of Gwinnett County
Answer and Counterclaim
CAFN: 21-A-08580-9
minor child Cache Elliot Taylor, a male child born in 2017 and render his relationship with the child

legitimate so that the Respondent and minor child shall be capable of inheriting from each other in

the same manner as if the child had been born in lawful wedlock.

39.

The Respondent has not participated as a party, witness, or intervenor, in any other litigation

concerning the custody of the children in this or any other state other than Civil Number 114500388,

Fifth Judicial District Court in and for Washington County, State of Utah.

40.

There has been no judgment that has modified the Decree of Parentage, Custody and Support.

41.

The Respondent does not know of any nonparty to the proceeding who has physical custody

or visitation rights with respect to the children.

III. Visitation and Custody

42.

Since the Decree there has been a material change in circumstances affecting the best interests

of the children such that it is the best interests of the children for Respondent (Father) to be awarded

joint legal custody of both Colton Ellis Taylor and Cache Elliott Taylor with liberal parenting

time and visitation with both children.

43.

It is in the minor children’s best interests that the parties adhere to Parenting Plan that allows

the children to continually develop a bond with Respondent Father.

IV. Child Support

44.

It is in the minor children’s best interests to establish child support pursuant to O.C.G.A. §
Payne v. Taylor
In the Superior Court of Gwinnett County
Answer and Counterclaim
CAFN: 21-A-08580-9
19-6-15.

V. No name change

45.

Respondent shows there is no justifiable reason to change the minor children’s last name to

remove Respondent Father’s surname.

VI. Attorney’s Fees

46.

Respondent was forced to incur attorney fees based on Petitioner’s filing of the Petition.

reimbursement of same.

47.

Pursuant to O.C.G.A. §19-9-3, O.C.G.A. §19-6-15, O.C.G.A. §19-6-19, and O.C.G.A. §9-15-

14 and all other applicable statutory provision, Respondent should be awarded attorneys’ fees and

costs of this action.

WHEREFORE, Respondent prays:

a) That all relief prayed for in Petitioner’s Petition for Modification be DENIED;

b) That this Court domesticates the Order and Decree of Parentage, Custody and

Support issued by the Fifth Judicial District Court in and for Washington County,

State of Utah, Civil Number 114500388:

c) That his legal paternity of the minor child, Cache Elliot Taylor, be established:

d) That Respondent be awarded joint legal custody of and reasonable visitation with both

minor children;

e) That child support be established in accordance with O.C.G.A. § 19-6-15;

f) That Respondent be awarded his reasonable attorney fees and expenses and costs of

litigation;
Payne v. Taylor
In the Superior Court of Gwinnett County
Answer and Counterclaim
CAFN: 21-A-08580-9
g) That the minor children’s names remain the same;

h) That this Court award Respondent such other and further relief as this Court deems

just and proper.

This 26th day of September 2022.

RESPECTFULLY SUBMITTED,

HOBSON & HOBSON, P.C

Geoff Wolfe
____________________________
Geoff Wolfe, Esq.
Georgia Bar No.: 142130
Attorneys for the Respondent

136 Fairground St. NE
Marietta, Georgia 30060
770.425.3373
geoff@hobsonlegal.com

Payne v. Taylor
In the Superior Court of Gwinnett County
Answer and Counterclaim
CAFN: 21-A-08580-9
IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA

LAUREN ASHLEY PAYNE,

PETITIONER, CIVIL ACTION FILE NUMBER

V. 21-A-08580-9

CHAD ELLIS TAYLOR,

RESPONDENT.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing
Respondent’s Amended Answer and Counterclaim upon Petitioner by and through his attorney,
by sending a true a correct copy to:

The Efstration Law Firm, P.C.
Charles P. Efstration, III
3605 Braselton Highway, Suite 104
Dacula, Georgia 30019
chuck@attorneychuck.com
Attorney for Petitioner

This 26th day of September 2022.

RESPECTFULLY SUBMITTED,
HOBSON & HOBSON, P.C

Geoff Wolfe
____________________________
Geoff Wolfe, Esq.
Georgia Bar No.: 142130
Attorneys for the Respondent

136 Fairground St. NE
Marietta, Georgia 30060
770.425.3373
geoff@hobsonlegal.com
Payne v. Taylor
In the Superior Court of Gwinnett County
Answer and Counterclaim
CAFN: 21-A-08580-9

Case Info

Judge

Tracey D. Mason Track Judge’s New Case

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Document Filed Date

September 26, 2022

Case Filing Date

November 02, 2021

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Complaint,Petition: PAYNE VS TAYLOR

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