Georgia Child Custody Legal Questions

If you obtained a marriage license and participated in a ceremony before his divorce was final, you are not legally married to him because he did not have the legal capacity to enter into the marriage with you. All you need to do is marry him again. As far as the house is concerned, you need not be married to someone in order to jointly own real property with them. The fact that you may not have been married at the time you purchased the home should have had no effect upon the passing of title to you.... Read More

You have a very serious problem that requires the immediate attention of a competent attorney with experience in child custody matters. You should discuss with him the application of the Uniform Child Child Custody Enforcement and Jurisdiction Act (UCCJEA). Depending upon the facts of your case, it is possible that a Georgia Superior Court may have jurisdiction to award custody to you in the proper circumstances. There may also be questions of law and fact regarding whether you actually have a common law marriage. If you did not establish your relationship in Georgia before July 1, 1979, or in another state in accordance with that state?s law, you may not have a common law marriage. If you did not have a valid common law marriage at the time of the birth of the child and if you have not taken any action to establish the legal relationship of parent and child between you and your daughter, your task will be a bit more difficult and complicated.... Read More

If your spouse has voluntarily separated herself form you, it would be prudent at this time to change the locks on the residence to prevent her from entering without your knowledge. Your next step should be to immediately retain a lawyer and file a complaint for divorce. The ownership and division of the property will be handled within the context of the divorce action.... Read More

Based upon the facts as you state them, both vehicles would be considered marital property in which you and your husband have an interest. The most likely outcome on a temporary basis would be that the Court would order that each of you be able to use a vehicle while the case is pending. If the vehicle that you have customarily driven during the marriage best meets your needs, your lawyer most likely will argue that you should have that one.... Read More

While a divorce action is pending, you will have the opportunity to secure a temporary order from the court. The most common order is one for temporary child support in which you are awarded a certain dollar amount consistent with the Child Support Guidelines. You may also be awarded temporary alimony based upon your needs and the ability of your husband to pay. These orders may also be accompanied by an order providing for temporary use of the home place and temporary attorney's fees. The award of temporary attorney?s fees is to ensure that you can litigate the issues in the case. Another common temporary order is one which provides for injunctive relief to prevent either spouse from harassing, phoning, contacting, bothering, or otherwise molesting the other.... Read More

It depends.  A biological father in Georgia has no  rights if he was never married to the mother or never legitimated the child.  The father should consult with an experienced family law attorney that can ask him the questions needed to determine what rights he may have. Shalamar J. Parham Atlanta Divorce Attorney ... Read More

If you are having issues with custody but you are still married then you need to file for divorce immediately so that the court can help you.  Until there is a court order establishing custody and visitation rights there is not much that can be done.  You should consult with an experienced family law attorney that can help you to be able to obtain a court order so that you can see your children again as soon as possible. Shalamar J. Parham Atlanta Divorce Attorney... Read More

I cannot tell from your question if you are divorced yet or not.  Absent a court order that says otherwise, you and your ex can take your children wherever you please.  However, if you are going to have to fight over custody in court, your actions now will be examined very closely.  You should consult with an attorney about the facts of your case as there are several factors that are looked at when dealing with custody. Shalamar J. Parham Atlanta Divorce Attorney  ... Read More

Where there is a valid Settlement Agreement, there exists a legally binding contract.  Once the Settlement Agreement has been accepted by the Court and incorporated into an Order, a person can be found in contempt for violating the Settlement Agreement.  An experienced divorce attorney can help you to have the Settlement Agreement enforced and accepted by the Court. Good luck to you. Shalamar J. Parham, Atlanta Divorce Attorney... Read More

Either the two of you can agree upon a parenting plan with a visitation schedule (such as one weekend a month with the child not to be removed from Florida) or the Court will set up a visitation schedule. It's much better to agree ahead of time and avoid having a Judge make that decision for you.... Read More