If you are the victim of harassment or abuse by an individual the State of Georgia provides for protective orders. There are two types of protective orders, a family violence protective order and a stalking protective order. Many times during the stress and emotions of a divorce one or both parties will turn to the […]
Dealing with child custody and visitation issues during a divorce or modification are always some of the most emotional issues involved in the divorce or modification process. In Georgia there are both legal and physical custody. It is rare for the court not to award joint legal custody. This simply means that the parents agree […]
Just because you pay an exorbitant amount for your attorney fees, this does not mean that you have a better attorney, it simply means you have a more expensive attorney and one that has marketed themselves into a community that assumes the more I pay for something the better it is. Many times I go […]
Many people ask if an adulterous relationship will cause a parent to lose custody and the answer is it depends. In Georgia you have to show evidence of a true physical relationship as well as that this relationship was the cause of the divorce. If these elements are present merely having an affair does not […]
A question I hear is DOES THE MOTHER ALWAYS GET THE KIDS? The answer is No. In Georgia gender is not a consideration when determining the custodial arrangement of the children. The statutes in Georgia are gender neutral and contrary to popular belief the father is as likely to obtain custody as the mother. The […]
Yes, Child Abandonment is a Crime in Georgia If you leave your spouse with the children you are potentially committing a crime in Georgia. In fact, if you leave your spouse while pregnant in Georgia you are also potentially committing a crime in Georgia. In Georgia, the law provides for abandonment statutes that simply state […]
You just divorced your spouse and they decided to move out of the state with your children? Do not refuse to return the children, it is essential that you modify the decree. In Georgia, there must be a substantial material change of circumstance for the court to revisit its decree and modify the terms of […]
In Georgia the statutes allow for a child to sign an elective affidavit, which stipulates their selection of parent, beginning at the age of eleven. However, this selection is not necessarily determinative of which parent will get the children. The court still looks at the best interest of the child and when a child of […]
UNDER WHAT CIRCUMSTANCES CAN CUSTODY AND VISITATION ORDERS BE CHANGED? After a final decree of divorce or other order establishing custody and visitation is filed with a court, parents may agree to modify the custody or visitation terms. This modified agreement may be made without court approval if consented to by both parents. Courts usually […]
