Self-Executing Change of Custody

Self-executing change of custody orders are problematic and will be overturned by Georgia courts on appeal.  What is a self-executing change of custody provision?  A custody  provision that provides for an automatic change of custody based on a future event Read More

Georgia Legitimation Law Update

Georgia  legitimation law updated in 2016; unwed fathers must file a petition for legitimation in Court  to have custodial rights and parenting time with their children guaranteed.   In recent years, unwed parents were able to administratively legitimate a child by signing and Read More

CUSTODY WHEN ONE PARENT DIES

Sunset  What if your ex NEVER should have custody of your child?  Georgia law provides that the surviving parent is entitled to custody when one parent dies.  O.C.G.A. Section 19-9-2.  However, the statute also says that the judge may exercise discretion and Read More

GEORGIA SAME-SEX MARRIAGE

Georgia’s same-sex marriage laws evaporated with the announcement of the 2015 Obergefell v. Hodges decision. The landmark United States Supreme Court decision requires States to: - license a marriage between two people of the same sex, and - recognize a marriage between two people of Read More

PRIVATE SCHOOL AFTER DIVORCE

Will my children be  able to attend private school after the divorce?  The following may help you answer that question. Did your children attend private school during the marriage?  Your Atlanta divorce lawyer will ask you this question, because if your children have attended Read More

FAMILY VIOLENCE AWARENESS

couple photo DS All too often, friends and family miss signs of family violence in their loved ones.  The Georgia Commission on  Family Violence has created a family violence screening tool for health care providers.  This health care protocol is a useful educational resource for anyone wanting Read More

FROM THE EQUESTRIAN CENTER FENCE

image “Powerful but gentle; enjoys a good breeze.  Will compete for a carrot….” This is a great horse.  I like the looks of his velvety coat, gentle eyes, and the contrasting color at the edge of his ears.   I like the carefree manner in which his mane blows in the breeze.  Read More

CHILD OVER AGE 14 RIGHT NOT TO VISIT NONCUSTODIAL PARENT

Karen S. Hindson A Georgia child over age 14 has the right to select the parent with whom he or she desires to live (O.C.G.A. Section 19-9-3(a)(5)), although the judge can overrule the child’s selection if the judge finds the child’s choice not Read More

JOINT CUSTODY DEFINITION AND WHO DECIDES CUSTODY

Karen S. Hindson We answer lots of questions about “joint custody” versus “sole custody” and what the terms actually mean.   Georgia law provides a joint custody definition to guide us. O.C.G.A. § 19-9-6 includes the following definitions regarding joint custody: “Joint custody” Read More

PARENTING PLAN REQUIRED FOR ALL GEORGIA CUSTODY CASES

Attorney Karen Hindson The parenting plan required for all Georgia custody cases is mandated by law.  If the parties cannot reach agreement on the terms of a permanent parenting plan, each party prepares a proposed parenting plan and submits it to the judge. Read More

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