Child Custody
MODIFYING CHILD CUSTODY IN THE IN THE STATE OF GEORGIA
A Georgia parent trying to modify a prior child custody order must demonstrate a change of circumstances and not just that the prior court order was a mistake The fact that a prior custody order is not in the children’s best interest, or was a mistake, or was obtained in an unfair manner, or any…
Read MoreWhat Happens when a Child makes a Custody Election in Georgia?
Georgia’s new child custody law gives both more and less power to children aged 14 years old and older to modify their custody. A few years ago the State of Georgia re-wrote their child custody laws. One surprising aspect of this re-write was that the new law made the custody election, or choice of parent,…
Read MoreParental Alienation and Divorce
Parental alienation is a situation where one parent uses the children to destroy the other parent’s relationship with the children. It is an insidious process, and a process that can only be halted if caught early and early intervention taken. This intervention may include the need to get a judge to stand-up and say “enough…
Read MoreChild Custody and Moving Out of State
The law in Georgia on the issue of what happens to child custody if the custodial parent moves out of the State of Georgia has been turned upside down by a recent decision of the Georgia Supreme Court, Bodne v. Bodne. Prior to the Bodne decision, it was extremely difficult to prevent a custodial parent…
Read MoreHOW TO MODIFY CUSTODY WHEN A PARENT MOVES OR RELOCATES OUT OF THE STATE OF GEORGIA OR MOVES LONG DISTANCE
There are three questions to ask regarding a relocation or move out-of-state when you are relocating or moving with a child and you are worried about child custody and visitation issues: First, for the primary parent: what are your risks of losing custody of your child if you move your child out-of-state? And for the…
Read MoreAPPEALS TO THE SUPREME COURT OF GEORGIA AND TO THE GEORGIA COURT OF APPEALS
What happens when the trial judge gets it wrong? It is very frustrating, and disillusioning actually, as we believe the trial judges know the law, and will apply the law properly. And for the most part, they do. However, when they don’t, what happens? You appeal. In the past 3 months , we have won…
Read MoreIF YOU WANT TO RETAIN CUSTODY OF YOUR CHILDREN, DO NOT ABUSE YOUR POWER AS THE PRIMARY CUSTODIAN
Two recent decisions by the Georgia Court of Appeals, and the Georgia Supreme Court confirms what has long been common sense advice, but that is not so commonly followed: if you want to keep custody of your children, don’t abuse your authority as the children’s primary parent. The first case is close and dear to…
Read MoreMy Husband Says He Will Get Custody of Our Children Because He Has More Money. Is He Right?
Under Georgia child custody law, the net worth of a parent is not a factor that judges should consider in making a custody determination that is in the best interest of the child. What is far more important are the factors that guide judges in making decisions about what custody arrangement is in a child’s…
Read MoreDoes My Ex-Wife’s New Boyfriend or Husband Have Any Rights to My Children?
The new boyfriend or husband of your ex-wife has no legal rights to your children at all, including basic rights to decision-making about your children. No matter if your ex-wife remarries or not, the opinions of the new man in her life are legally irrelevant when it comes to your children. In many situations, however,…
Read MoreDoes the Mother Automatically Get Custody of a Child if She Isn’t Married to the Child’s Father?
When a child is born out of wedlock, the mother automatically has all custody rights to that child. Even if the father signs the birth certificate, he has no custody or even visitation rights to the child until one of the parties has taken steps to establish paternity or legitimize the child. This can be…
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