Georgia family law cases are typically very sensitive, so a careful approach is always required. Because of the sensitivity of involved in domestic relations matters, Georgia family law attorneys help clients handle divorce, alimony, child custody, child support, and other family law issues with as little emotional upheaval as possible. Georgia law is unique and complex, making it important to have a legal expert on your side.
Family law attorneys licensed to practice in Georgia have experience with many different kinds of situations and know the specifics of the state’s complex laws. They help clients file for divorce, petition for alimony, and fight for custody and financial support of their children. Whether the case is settled in or outside of court, a Georgia family lawyer provides valuable assistance.
Georgia Divorce Help and Advice
Legal separation is not recognized by Georgia law which is why your recourse is to file for a dissolution of the marriage, otherwise known as, a divorce or for a separate “maintenance.” In Georgia, either spouse may file for separate maintenance, a legal domestic relations action similar to a divorce action. This resolves all issues that are typically settled during a divorce without completely dissolving the marriage. It may even include alimony, child custody, and child support determinations. This is ideal for couples who have trouble maintaining their marital households but have religious or moral objections to divorce.
Divorce severs the marital bond completely and for this reason, it can be extremely stressful. During a divorce, a couple must deal with potential issues like alimony and equitable division of assets. If the couple has children, child custody and child support must also be determined. Each of these issues can be emotionally difficult to handle. If the couple is not well-versed in the law, these situations can be confusing and stressful. Unfortunately, Georgia family laws are not easy to understand so professional help is usually required.
Georgia divorces fall into two categories: a contested divorce or an uncontested divorce. If the couple agrees on the major issues, the divorce is considered uncontested. A final judgment, settlement agreement and supporting documentation are presented for court approval and the divorce can be finalized in just 30 days. Georgia family law attorneys handle both contested and uncontested divorces. A contested divorce is more complicated, including a discovery process that typically spans six months with the very real potential of a contested hearing or trial. If the couple cannot come to agreement regarding an issue, the divorce is categorized as contested. Contested divorces can take many months, even years, to be concluded. An important job for many Georgia family law attorneys is to frequently step in to cases that have seemingly lost control and find a way to settle them without further delay.
Georgia Child Custody Help
Divorcing parents, or parents that have never been married to each other, usually benefit by trying to agree on child custody without involving the court. This is not always possible, so many couples find themselves asking a Georgia family court judge to determine which parent will receive custody. The judge will consider what is in the best interests of the child, which requires considering factors that include the mental and physical health, home environment, and caretaking ability of each parent. This is known as the “best interest of the child” standard, and it is utilized in virtually every state, including in Georgia child custody cases.
There are two types of custody in Georgia: legal custody and physical custody. Legal custody involves the right to make decisions regarding the overall well-being and welfare of the child. Physical custody is the right to have the child reside primarily in one parents home. Every Georgia custody case requires submission of a parenting plan that outlines the needs of the child and how the youngster will divide time between parents. This document also specifies the decision-making authority wielded by each parent.
When determining what is in the best interests of the child, the judge considers a proposed parenting plan and may hold a hearing that includes testimony by the parents and witnesses. Georgia family law allows a child who is at least 11 years old to state a preference for his or her residence. However, the final custody decision is not determined by this unless the child is 14 or older.
Some situations include a court-appointed custody evaluator or guardian ad litem, who is a professional designated to represent the interests of the child. After meeting with the family, this individual provides a custody recommendation to the court. The judge usually considers this when determining the custody arrangement that is in the best interests of the child. To prevent any aspects from being overlooked, it is helpful for parents to have experienced legal representation throughout the custody process.
Georgia Child Support Help
Georgia family law courts have been using what is known as the income shares model for child support decisions since 2007. Under this child support model, the percentage that each parent contributes to the total combined income of the couple is determined. This serves as the basis for the child support contribution made by the parent who does not receive custody.
To determine the basic child support obligation, the combined income of the parents is located on the Georgia child support obligation table. This obligation is then multiplied by the parent’s adjusted gross income percentage. Several calculations are involved in determining adjusted gross income and parents must also divide health insurance premiums and child care costs on a pro-rata basis. This formula is not the easiest in the world by any stretch of the imagination. Getting expert Georgia family law advice can help straighten things out and assure you are paying or receiving the correct amount of child support.
If the situation warrants, Georgia law permits the judge to deviate from the child support calculation. Some reasons would be special needs children or a child with some type of illness. Georgia child support statutes also permit an existing child support award to be modified if the needs of the child or the financial status of the paying parent changes significantly. Georgia law mandates the continuation of child support until the child reaches majority age, with a few exceptions. Georgia family law attorneys ensure that custodial parent clients receive the support to which they are entitled.
Georgia Father’s Rights Help
Georgia father’s rights have been gaining traction because many fathers believe they deserve equal rights to their children as mothers. Georgia family lawyers are finding themselves with an increasing number of male clients specifically because of this increase in father’s rights advocates. These men deserve to be involved in the lives of their children and seek legal assistance when filing for child custody. Fathers who do not receive physical or legal custody are still entitled to be involved in the lives of their children. Georgia family law attorneys that specialize in father’s rights help them fight for these rights and win visitation time.
Fathers who are unmarried must navigate a complex legal process to establish paternity. Called legitimation, this process serves as the foundation for child custody and visitation. By establishing legitimation, Georgia lawyers help unmarried fathers receive the same rights that divorced fathers possess. Retaining a skilled father’s rights helps both married and unmarried fathers continue to play positive roles in the lives of their children and prevents noncustodial fathers from having to pay an excessive amount of child support.
Finding Georgia Family Law Help
Getting Georgia family law help is as simple as calling our team of expert legal professionals and family law attorneys. Our team is happy to connect you with an expert that can give you the Georgia family law advice you deserve.
I am a GrandParent of 3 grand kids ( ages 11,5 and 4 years) my son (33) married a beautiful person, who was raised in a cult and has mental issues due to the church treatment. My son and his wife decided to split up, first he was (violently) ran out of his own home that he purchased, the wife sold the house shortly after he left, and he received no payments from, the house, income tax, or the other tax breaks the government gave us. he paid for a Lawyer upfront and the communication is very bad. We have been to court virtually 3 time in a year with no resolution. we have went through 2 judges because of the pandemic, My son was granted to be the petitioner, court rules and orders were put in place, and the judge keep allowing her time, reset the court dates to prove more income. But during these proceedings we have not seen the kids or heard from them all phones and communications are cut off, and the lawyer is not returning calls, e-mails, or texts. I was told her dad is a Mason and in some way helping her through the courts, and it seems, everyone is on her side. My son is and seems to be a great father that just wants time with his kids, he is sad every day, and I don’t know what to do to help. should I get another lawyer ??????? Or should we just wait
Whether you should hire another attorney or not depends on a lot of things. Speaking wit one for a free consultation Free Family Law Case Evaluationwould be a good first step. It’s possible that after getting a second opinion, you find out that a new divorce lawyer needs to be hired. you might also find out that the current divorce attorney is actually doing a decent job – who knows. There are a lot of details to go over and it certainly sounds like there are some serious issues here and they are compounded by the lack of communication.
I can’t imagine why he has had no contact or parenting time with the kids during the process, that is a travesty. Ordinarily, a divorce judge will put some type of temporary parenting schedule in place while the custody battle continues. The fact this hasn’t happened is red flags. Did he do something that would let this happen? Like any type of abuse or are there allegations of this?
Perhaps a child representative/guardian ad litem might need to be appointed to the case for the children. A child rep would investigate everyone involved and also interview the kids, teachers, etc., and make recommendations to the court.
Give our team a call and let’s find out if something needs to change.
Mother signed rights over to her mother without fathers ok. Court wouldn’t take DNA sample. I need help, idk what I can do to have rights to my kids. Where to begin for start. I just want to be with my kids.
You will need to file a petition to establish paternity immediately. Depending on what exactly the mother did and how long ago, there could be significantly more to do to get started here. Most states do not allow a person to just assign their parenting rights to a 3rd party unless the adoption process has taken place or unless a guardianship/custody case has been opened.
You will need to speak with someone for a free consultation first and find out what exactly happened and when. then, you will need to take a lot of steps to show that you having the kids are what is in the best interests of the children. This likely involves having a child representative involved in your case that can provide a recommendation to the court.
First, contact one of our lawyers, then, make sure your life and living situation is perfect – clean, tidy, rooms for the kids, no alcohol in the house, and get ready to prove that you can take care of everything the kids need. Don’t waste any time! Learn more about what dads need to do to win custody here: Click here: Father’s Rights to Custody
My parenting plan needs to be modified. One problem is neither one of us live in the county, (Cobb) in which we got our divorce and parenting plan. We both live in different counties, ( Gwynette, Forsythe ) now. Where do I start? Also i was to have my sons for the weekend and the week of fall break, on Friday I was told boys would need to stay with her because there was a ‘family situation” . no other explanation. Can she get by with this?
I am asking for my son.
Living in a different county doesn’t make much of a difference except you have a bit longer of a drive. It’s usually better to stay with the court that has the history of the case, unless there is a reason why it should be moved. this would be a transfer of venue if you moved the case to a new county, but it really isn’t necessary.
If there is a family emergency, it’s reasonable to have an interruption in parenting time. But it needs to be a real emergency, and not just she didn’t feel like doing what she was ordered to do. If this was a fake situation, it could be grounds for you to file a petition for rule to show cause, asking that she be held in indirect civil contempt of court for violating the court order.
Reach out and get some more details so one of our attorneys can speak with you! Contact us here: https://familylawrights.mystagingwebsite.com/free-case-evaluation/
I need a lawyer or advice badly. My dad die 4 years ago and left the house and land to his 3 kids. Now I been living in the house and taking care of the house and land for 4 years. My two sisters haven’t paid me a penny. Now my sister moved in with her son. He’s not on the will and is not paying any rent or nothing else. This is not right. They are treating me to put me in jail saying I treated them, He’s jump on me twice. I can’t call the law because they are already trying to get me locked up where they can get off this land and out of the house off the deed. I don’t know what I can do. Please advise need help badly ????