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Question: “I have always had a very close and loving relationship with my grandchildren. Recently I had a falling out with my daughter, which has prevented me from being able to see my grandchildren as often as I would like. I still have a good relationship with my ex-son-in-law, but he only gets limited visitation with the children, and I…
This article is intended for educational purposes only and is not intended, nor should be construed to provide legal advice. This article was originally written by Anne K. Banford, a former attorney of this firm in April 2011 and has since been updated by John R. Coleman, Jr. (Bob). Due to the volume of Family Law cases entering the Court…
Q: Can I withhold visitation if the other parent is withholding child support? A question we are frequently asked by our clients is if the withholding of child support by one parent alone justifies the withholding of visitation by the other parent. We are also asked if the withholding of visitation by one parent alone justifies the withholding of child…
This article is intended for educational purposes only and is not intended, nor should be construed to provide legal advice.. In the State of Georgia, if a child is born out of wedlock, the mother is the only parent who is entitled to custody of the child. (O.C.G.A. § 19-7-25) A father must file a petition in Superior Court to…
This article is intended for educational purposes only and is not intended, nor should be construed to provide legal advice. If you have recently found yourself named as the executor of a family member’s Last Will & Testament, you may have asked yourself whether it is necessary to file the Will for probate. The answer depends on the specific circumstances…
This article is intended for educational purposes only and is not intended, nor should be construed to provide legal advice. Though some probate lawyers and internet sources suggest that probate is a difficult and expensive process and should be avoided if possible, those are misconceptions that oftentimes prove to be inaccurate. The probate process is relatively simple, assuming there is…
This is a question we are confronted with on a regular basis. This issue arises in cases involving the Division of Family and Children’s Services (DFACS), involvement with school counselors, involvement with psychiatrists or psychologists or can arise from unexpected trips to the hospital or physician’s office. If you suspect that your child is being physically or emotionally abused, you…
This article is intended for educational purposes only and is not intended, nor should be construed to provide legal advice. My ex-husband and I were recently involved in a contempt action in which the Court modified both legal custody and visitation. Can a Court modify legal custody in a contempt action? The Trial Court cannot modify legal custody in a…
This article is intended for educational purposes only and is not intended, nor should be construed to provide legal advice. Prenuptial Agreements are becoming more common in divorce practice, especially with the number of blended families and second marriages increasing with today’s modern social standards. Prenuptial Agreements are generally enforceable in Georgia, unless it can be shown that: (1) The…
Pursuant to O.C.G.A. § 19-9-3, (5)-(6), in all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child’s selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in…