Sole child custody in Georgia is distinct from another possible Georgia child custody arrangement, joint custody. Sole custody means that one parent has both physical and legal custody of the child. In other words, the child lives with that parent, and that parent has the full responsibility of making decisions on behalf of that child.

When is sole child custody awarded in Georgia?

Sole child custody is most often granted in Georgia when one parent is determined to be unfit in some way to be responsible for the child. There are various factors courts take into considering when determining the “fitness” of a parent, but a general rule of thumb is whether spending time with that parent would be detrimental to the child.

An important distinction that should be made in this regard is that sole custody does not necessarily mean that the non-custodial parent will be automatically denied visitation rights. It’s possible that the courts may deny the non-custodial parent visitation for the same reasons they denied joint custody, but it varies widely on a case by case basis.

If you’re wondering if sole child custody would be in the best interests of your child or children, contact an experienced Georgia child custody attorney. They can assist you in determining the best arrangement for you and your children under Georgia law.

Image courtesy lindsey gee on Flickr.

Though adoption is certainly one viable option, many are interested in exploring new technologies for conceiving a child, or want to learn more about surrogacy as a potential option. But did you know that there are significant legal aspects of the aforementioned options that must be taken into consideration to ensure a trouble-free addition to your family?

One important legal concern comes into play if you plan on using a sperm or egg donor. Although many donor agencies will have policies and other protections in place, these are often insufficient when it comes to protecting your parental rights in GA. Alpharetta family law attorneys recommend additional action to ensure you are protected in the form of a donor contract.

This contract addresses various issues surrounding donation, including a statement of your rights as parent, the acknowledgment that the donor is donating voluntarily, and compensation for any physical or psychological harm resulting from a breach of the contract. This will protect you in the event that the donor changes his or her mind and tries to gain rights over your child.

Similar concerns may arise if you choose surrogacy in Georgia. It’s possible that without the necessary protections in place, the surrogate may attempt to claim parental rights over your child. This is why it is crucial to enlist the legal aid of an experienced Georgia assisted reproduction and surrogacy attorney. Don’t leave something as important as your parental rights to chance.

Image courtesy Deanna Design on Flickr.

A thorough Atlanta divorce lawyer will discuss your finances with you to determine what can be done to protect what you have now and in the future. For example, one of the most common issues arising during a Georgia divorce is that of a joint checking account. If you share an account with your spouse, an Atlanta divorce attorney may recommend that you close that account.

Another common issue is those unpaid bills previously mentioned. One option to prevent the negative effects of this issue is for a Georgia divorce lawyer to request a temporary hearing, where a judge may order your spouse to pay those bills during divorce proceedings.

Finally, one of the biggest threats to your financial health is how divorce proceedings may affect your job. If you find that your performance at work is suffering because of preoccupation over your divorce, it is best to seek professional help in the form of a licensed therapist, who will keep your conversations confidential and help you get through the difficult times divorce inevitably entails. The important thing is to reach out and get the help you need before your job performance suffers so much that you endanger your employment entirely.

These are just a few ways that, with the help of an experienced Atlanta divorce lawyer, you can protect your finances during GA divorce.

Image courtesy Icrontic.com

Why is it necessary to consult with a divorce lawyer in Georgia if you are only thinking about getting divorce, and not sure you really want to or should? Because with legal matters as delicate and often time sensitive such as divorce in Georgia, the sooner you have experienced legal guidance to instruct you on the proper course of action, the better off you will be in the long run.

Hopefully you will reach out to a compassionate Atlanta divorce lawyer if you are seriously considering this question, but to begin to answer the question in a general manner, if you plan on filing for divorce in Georgia, as the spouse seeking divorce, you must file an official complaint with the court governing your jurisdiction. In doing so, you will become known as the “plaintiff” and your spouse will be known as the “defendant” throughout the divorce. This complaint must have detailed information about your marriage in its current state, including why you are filing for divorce. Sound complicated? It certainly can be, which is another reason to have a practiced Georgia divorce attorney on your side to help you throughout the process.

Image courtesy Leucippus on Flickr.

Georgia law has thirteen grounds for divorce total, which will be explored in a later post, but for the time being, we will look solely at the last, thirteenth ground for divorce in Georgia. The only requirement in filing for this last ground for divorce in Georgia is an individual’s claim that their marriage is “irretrievably broken.” Therefore, it is known as a “No-Fault Divorce” because an individual does not need to show proof of any particular fault that warranted divorce.

So what does it mean that a marriage is “irretrievably broken”? According to Georgia law, one must demonstrate that there is no hope of the marriage being reconciled. This means that a spouse has to prove that the couple has no chance of working things out and staying together. But how does one spouse actually prove this? Under Georgia law, all that is required to prove the “irretrievably broken” nature of a marriage is the testimony of one spouse, which has an interesting side effect. This means that even if the other spouse disagrees, he or she cannot stop the divorce.

“No-Fault” Divorces are utilized very regularly for the very reason that they do not require proof of a specific grounds of divorce in Georgia, or, in other words, fault. If you are considering a divorce in Georgia and need a divorce lawyer in Alpharetta to consult with regarding whether or not a “No-Fault Divorce” is in your best interests, look for an experienced legal professional with good ratings and reviews.

Image courtesy sheeshoo on Flickr.

• You must be a resident of GA for at least six months before filing for a divorce.
• If you have not been a resident that long, but your spouse has, it is still possible to file for divorce in GA.
• Another precondition that would make you eligible to file for divorce in Georgia is if your last home while married was in GA.

You may also be wondering about the county you might be required to file in, or what your options are in that regard. According to Georgia law, you must file in the defendant’s county of residence. An exception would be if the defendant has recently moved out of Georgia completely. In that case, it’s possible to file in the plaintiff’s county of residence.

If you have any questions at all regarding residency requirements for a GA divorce, don’t hesitate to contact an experienced Atlanta divorce attorney, or if it’s more convenient to where you live, an Alpharetta divorce attorney. A caring Georgia divorce lawyer can explain to you your options and help you make the best decision regarding how and where to file for a divorce.

Image courtesy Caveman Chuck Coker on Flickr.

According to Georgia law, an uncontested divorce means that you and your spouse are able to agree on all aspects of the divorce, including child custody, child support, alimony, and division of marital assets. These issues are often heated points of contention during a divorce, so it may be difficult to achieve full agreement, even through negotiation and divorce mediation. However, if you think you and your spouse are willing to at least try to come to an agreement on all aspects of the divorce, it’s often advantageous to pursue an uncontested divorce, because it takes less time and often is less expensive than a contested divorce.

If, however, you are fairly certain that you and your spouse will not be able to agree on every aspect of the divorce, it will most likely be necessary to proceed with a contested divorce. Regardless of which type of divorce you pursue, it is vital to have an experienced Atlanta divorce attorney, or if you live north of Atlanta, a divorce lawyer in Alpharetta. They will be able to walk you through each step of the process and provide you with invaluable guidance. Whether or not you have an experienced attorney on your side often makes all the difference in divorce.

Image courtesy s_falkow on Flickr.

Here are a few topics you can expect to see posts on in the future:

• Georgia Child Custody
• Georgia Child Support
• Georgia Alimony Payments
• Georgia Adoptions
• Georgia Prenuptial Agreements
• Georgia Uncontested Divorces
• Georgia Contested Divorces
• Georgia Domestic Partnerships
• And More

Divorce is never easy, but the more information you have, the better prepared you will be to face the difficulties. It’s important to note, however, that the information contained in this blog does not constitute actual legal advice, nor should you take it as such. The information is general and should not be acted upon directly, but may serve as a guide to help you become more acquainted with the various aspects of divorce generally.
If you are considering a divorce or have been served divorce papers, it is imperative that you speak with an experienced Atlanta divorce attorney as soon as possible, as they will be able to give you specific advice about your situation and help you avoid many pitfalls in the divorce process. Or if you live north of Atlanta, you should contact a compassionate and skilled divorce attorney in Alpharetta to assist you. The important thing to know is that you are not alone in this process, but you must reach out to receive the help you need.

Image courtesy limaoscarjuliet on Flickr.