Savannah Divorce – Custody Lawyer

Liberty County Georgia family law firm

Child custody in GA

“Child custody” is a legal term which is often used by family courts to describe the rights and responsibilities of divorced parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent. When divorced parents are unable to agree on such issues, the judges are usually left with the difficult job of determining the most suitable custodial arrangement for the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations, the more knowledgable they will be in taking decisions regarding their children after a divorce.

Each parents rights and responsibilities to his or her minor children include decisions regarding the raising and general welfare of the children on issues like the childrens education, medical care, dental care, and religion. Such rights and responsibilities are commonly called “legal custody” of the children.

The residency or placement of children refers to where the children will live and spend the most of their time. Many time, a child will live with one parent more than the other parent, and the parent with whom the child resides with the most will generally be responsible for the day-to-day care of the child. In few cases, the child will reside equally with both parents, close to equally with both parents, or live a significant amount of time with each parent and the parents will share in the responsibilities and day-to-day care of the child.

——————————
Savannah GA Divorce Lawyer
GA Uncontested Divorce – Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce – Child Custody Attorney / Custody modification – Child Support Modification – Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Chatham County Georgia Grandparents visitation rights lawyer

Georgia Grandparents visitation rights

Troxel v. Granville, 530 U.S. 57 (2000) is a landmark case concerning the visitation rights of grandparents. The Supreme Court held that it is a fundamental liberty of parents to make decisions concerning their childs custody. It includes the freedom to choose when and with whom minor children can spend their time, and is applicable to time spent with grandparents.

At the time of hearing a petition filed by grandparents for visitation rights, judges will always consider the decision and desires of the custodial parent. Importance is given to the objections of the parent about the visitation of the grandparents. Even in the ruling of the Troxel case, the U.S. Supreme Court advised parents to adopt a relaxed attitude. It urged them to strive towards building an amicable bonding between the grandparents and grandchildren. Most legal experts believe that one of the best method to resolve such a conflict is to talk about the matter with the parents rather than involving the judicial system. Discussions can take place openly, through law firm, via mediation, or through some form of alternative dispute resolution. Communication between the parents and grandparents can prevent misunderstandings and can prove to be far more productive than intervention of the legal system, while also safeguarding the relationship.

——————————
Savannah GA Divorce Lawyer
GA Uncontested Divorce – Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce – Child Custody Attorney / Custody modification – Child Support Modification – Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Chatham County GA Custody Plans

Savannah GA child custody lawyer

For numerous divorced and separated parents with children, there is a common reason as to why they receive the child custody and visitation arrangement they have the court determined it. The court fixed the parenting arrangement based on what the judge felt was in the childs best interest.

Courts do not always make the child custody decision or finalize the parenting plan arrangement. In fact, typically, the court will not make the child custody decision for the parents. It is usually when the parents are unable to reach an agreement on child custody that a judge will select the parenting arrangement for them. If the judge makes the child custody decision for the parents, it is commonly referred to as a final judicial order or judgment on child custody.

When the judge chooses a parenting plan for the parents, it will usually result in one or both parents being upset or feeling a sense of loss. Usually, a parent feels as though he or she won child custody whereas the other parent feels that he or she “lost” child custody. At times both parents are disappointed with the decision of the court. It is never the case that both parents feel like they won when the court makes the child custody decision.

To prevent an arbitrary decision determined by the court, you must learn more about how child custody decisions are made and the laws in Georgia. How judges have ruled in the past and what influences the decisions is information that will be useful to you.

——————————
Savannah GA Divorce Lawyer
GA Uncontested Divorce – Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce – Child Custody Attorney / Custody modification – Child Support Modification – Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Liberty County GA divorce lawyer
Savannah adoption attorney

Alimony in Chatham Hill GA

Alimony is an payment out of one partys estate, made for the support of the other party when living separately. It may be either temporary or permanent.

A spouse will not be entitled to alimony if it is shown by a preponderance of the evidence that the separation between the parties was a result of that spouses adultery or desertion. In all cases where alimony is sought, the court should seek evidence of the factual cause of the separation even though one or both of the parties may seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.

In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either spouse in accordance with the requirements of the spouse and the capacity of the other party to pay. When deciding whether or not to grant alimony, the judge will consider evidence of the conduct of each spouse toward the other.

Should either party die before the courts order on the issue of alimony, all rights of the other spouse to alimony will survive and be a lien upon the estate of the deceased spouse.

——————————
Savannah GA Divorce Lawyer
GA Uncontested Divorce – Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce – Child Custody Attorney / Custody modification – Child Support Modification – Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Savannah GA family law lawyer
Chatham County adoption attorneys

New Support Guidelines in Chatham County GA

A contested divorce is one where the spouses fight so much over assets or child custody that they cannot reach an agreement, and instead pass these issues to the court to determine. The judge and court clerks will be the main players in a contested divorce lawsuit. In Georgia, the jury cannot decide custody or visitation, only financial issues can be determined by them. In the 2006 legislative session, the Georgia General Assembly passed Senate Bill 382 and it significantly revised the entire structure of how child support is calculated in the State of Georgia. The new rules address and codify numerous situations that generally arise in child support lawsuits. For example, the new guidelines have provisions that specifically address what happens when one parent suffers an involuntary loss of income. If a parent is unable to afford his or her child support obligation due to an involuntarily termination from employment that causes in a loss of income of at least 25 percent, the guidelines afford that parent some protection. The new rules afford protection to a parent when the other parent becomes voluntarily unemployed or underemployed. In those cases the court is required to decide the reasons for the parents occupational choices.

——————————
Savannah GA Divorce Lawyer
GA Uncontested Divorce – Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce – Child Custody Attorney / Custody modification – Child Support Modification – Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Liberty County Georgia family law attorneys
Chatham County adoption lawyer

One spouse must have stayed in the State of Georgia for 6 months or Georgia should have been the last domicile of the marriage. Spouses must be considered separated in a legal sense prior to filing for a divorce. Parties may be considered separated even if they are staying in the same house if they are not sharing the same room and/or do not engage in a sexual relationship. If there is agreement between the parties, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the Defendant is served with the Divorce Petition. If there is disagreement as to any matter, the divorce will be obtained when the case reaches the court, which can take several months.

Parties may be able to reach an agreement resolving all issues arising from the marriage, such as finances, division of property, and child custody and visitation of children. The agreement is submitted to the Court as a Marital Settlement Agreement and, upon approval, made an order of the Court. The Courts order, called a Final Judgment and Decree, concludes the lawsuit. However, the parties cannot reach an agreement, the issues will be resolved by the Judge or the jury. However, a judge always determines matters of custody and visitation.

——————————
Savannah GA Divorce Lawyer
GA Uncontested Divorce – Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce – Child Custody Attorney / Custody modification – Child Support Modification – Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Chatham Hill Georgia child custody attorneys
Savannah GA adoption attorneys

Child Custody cases in Savannah Georgia

The welfare of children is of major importance to the Court. Neither parent is outright ensured child custody. The court looks at the best interests of the child in deciding the right parent to have child custody. The court looks at many factors at the time of deciding custody. These factors are the age and sex of the child, compatibility with each parent, and the ability of each parent to care for and nurture the child. A child above 14 years of age can select which parent will have custody with the consent of the judge. In election situations, meanwhile, the trial court has a wide latitude and discretion in determining whether the selected parent is a fit and proper person to have custody. If the child is at least 11 but not 14 years old, the judge must look at the wishes, if any, and educational requirements of the child in deciding custody between the parents, but the court will have complete discretion and the childs desires will not be controlling. Law considers it important for a child to maintain a relationship with both parents; and so visitation rights are awarded to the parent who is not given legal custody of the child.

The court in its discretion can award joint custody and not sole custody. There are two kinds of joint child custody. Joint legal custody means that both parents have equal rights and responsibilities for major decisions concerning the child. In joint physical custody physical child custody is shared by the parents in such a way to assure the child almost equal time and contact with both parents. In granting joint custody, the court may order joint legal child custody, joint physical custody, or both.

——————————
Savannah GA Divorce Lawyer
GA Uncontested Divorce – Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce – Child Custody Attorney / Custody modification – Child Support Modification – Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Savannah GA family law attorney
Liberty County child support attorney

Child Support in Chatham Hill GA

Under Georgia law both parents are required to support their children until a child reaches the age of twenty, dies, graduates from high school, marries, is emancipated, or joins the military, whichever event happens earlier. The non-custodial parent must pay a reasonable amount of child support to the custodial parent for the childs living expenses. Child support, in addition to a monthly or weekly sum, can also include payments as health insurance and payment of medical and dental expenses.

From January 1, 2007, the guidelines for determining child support based on a new “income shares” model which will take into account the income of both the custodial parent and the non-custodial parent became effective. The child support rules are a minimum basis for deciding the amount of child support and will apply as a rebuttable presumption in all court proceedings involving the child support responsibility of a parent.

The Court will not direct parents to pay for college. But, parents may agree to pay child support beyond the age of 18 or to pay for college expenses.

——————————
Savannah GA Divorce Lawyer
GA Uncontested Divorce – Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce – Child Custody Attorney / Custody modification – Child Support Modification – Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Chatham County GA divorce law firm
Chatham County adoption lawyer

Divorce and Property in Savannah Georgia

A challenging area of divorce is the division of marital property. Marital property is all assets acquired during the marriage, except for assets received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all property obtained during the marriage. The Judge will decide on the division of marital property. Marital property will be distributed equitably not necessarily equally amongst the spouses irrespective of how the title to the property is held. There is no set formula or percentage amount used to distribute marital property.

In Liberty County GA, you can argue that fault must be taken into consideration in setting spousal support. You can forward this argument even if you have filed for divorce on the grounds of fault. If the higher-earning spouse committed adultery, was abusive, or is for some other reason at fault for the divorce, the support payment may be more. If there is only a certain amount of support that your errant spouse can afford, the judge will not order an unrealistically exorbitant amount. Generally, the spouse who receives support has payments reduced due to of fault. In GAthe support payments (if any) can certainly effect how the marital property division is made, which is why it can become a very important part of the final result of any divorce. Spousal support, also referred to as “alimony” or “maintenance,” is designed to help a lower-earning spouse make it through the divorce and the transition into a new single life. Based on the duration of the marriage and the degree to which one spouse was financially dependent on the other, support can go on for many years. There are two broad categories of spousal support: short-term support and long-term or permanent support. “Reimbursement” support is a kind of long-term support. A spouse may also get temporary support before the divorce is final. Alimony is payment by one spouse to the other for the others support and maintenance. The court can award alimony to either the husband or the wife. Alimony can be for a limited period of time or till the spouse receiving alimony dies or remarries. Alimony can be paid in one payment of money or property, or it may be paid over a period of time.

——————————
Savannah GA Divorce Lawyer
GA Uncontested Divorce – Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce – Child Custody Attorney / Custody modification – Child Support Modification – Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Savannah Georgia family attorney
Chatham County visitation attorney

Grounds for divorce in Savannah GA

To get a divorce based on one of the twelve “fault” grounds, one must demonstrate that there was some wrongdoing by one of the spouses. For example, one fault ground is adultery. Adultery in Georgia includes heterosexual as well as homosexual relations between a married individual and another individual. Desertion is another “fault” ground for divorce in Georgia. A divorce may be granted on the grounds that an individual has deserted his or her spouse willfully for at least a year.

Mental or physical cruel treatment, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction, and mental illness are the other “fault” grounds.

Georgia has the option of “no-fault” divorce. In a no-fault divorce, you do not have to prove that your spouse is to be blamed for your decision to seek divorce, you merely inform the judge that you and your spouse have “irreconcilable differences” or have suffered an “irremediable breakdown” of your marriage.

——————————
Savannah GA Divorce Lawyer
GA Uncontested Divorce – Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce – Child Custody Attorney / Custody modification – Child Support Modification – Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer