Child Custody: Which Factors Determine it?
Several different factors come into play when determining child custody. There is no presumption that children are generally better off living with their mothers and visiting with their fathers. There are two basic forms of custody: legal custody and physical custody. Legal custody refers to the rights of the parents to decision-making concerning the children. […]
Why is Child Support So Complicated?
One of the more frustrating uncertainties in contested divorce is determining the amount of child support a non-custodial parent will pay to a custodial parent. It would be so easy if I could simply tell my clients: “Child support is 25% of the non-custodial parent’s gross income.” Child support, however – like so many other […]
What is Contempt of Court, and Should You Be Worried?
One of the scariest family law documents to receive is one asking that the recipient be found in “contempt of court.” These documents are titled a variety of different ways (petition for contempt, motion for contempt, citation for contempt, motion for attachment of contempt, etc.), but they all carry the distinctive tone of being in […]
Let’s Talk About Gay Marriage
Georgia is a conservative state; I get it. There is very little conservative Georgians love more than telling other people how they “ought” to live. It’s fun to have a lot of good advice for sharing. Giving advice is what I do for a living. Outside of the immediate Atlanta area, Georgians are largely opposed […]
What Happens in Georgia, Stays in Georgia
The question of jurisdiction (whether a court has authority to decide a particular action) is always an issue in divorce, contempt, and modification cases. The general rule is that a defendant has the right to be sued in the county where that defendant resides. A Fulton County father who wants to sue his Cobb County ex-wife […]
Red Flags in Divorce Cases
1. Separating Mobile Phone Bills: This happens all the time, but why? Why would a spouse suddenly decide she needed to have her own mobile phone plan? Why would he coincidentally get a new phone “just for work?” While not always significant, changing one spouse’s access to information about the other’s personal phone is a […]
When DFCS Calls
As a family lawyer, I dread for my clients the Department of Family and Children Services and its involvement in my clients’ lives. Few things can strike more fear in a parent than a call from DFCS, especially wherein the assigned caseworker will refuse to provide any information and say nothing more than, “We want […]
Relocation and Child Custody: Moving Out of State
Video on Relocation and Child Custody If you’re a divorced parent thinking of moving out of the state, you’re also thinking about relocation and child custody. How will your move affect your parenting time and relationship with your children? Relocation will usually look like one of the two scenarios for the moving parent: You are […]
Parents Behaving Badly: When to Utilize Law Enforcement
Q: Should I call the police to make a report that my ex was 30 minutes late for visitation? A: No. Never. Very little is more frustrating for parents and custody lawyers than unnecessarily dramatic visitation exchanges. Some parents have such a high level of conflict between them one parent insists on exchanging the children […]
Adultery: What Role Can It Play in Custody Determination?
A husband or wife going through a divorce is often angry, outraged, and appalled by the conduct of the other spouse and many times, a party wants to know how the presence of adultery will affect custody. As with just about everything in the law, the short answer is that It Depends, and Most Likely […]