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 court does not consider ...Continue Reading →
Yes, Child Abandonment is a Crime in Georgia
If you leave your spouse with the ...Continue Reading →
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 custody. One such material change could be a dramatic relocation of the children. You are not powerless in this situation, but should ...Continue Reading →
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 eleven makes this choice the court considers the best interest very strongly. Before eleven the child has no legal input ...Continue Reading →
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 approve modification agreements unless it appears that they are not in the best interests of the child, and if ...Continue Reading →